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Contract 44993 (2)
CITY COr�w►crria Llbl��l �i.. FORT WORTH PROJECT 1V.ANUAL FOR THE CONSTRUCTION OF Ties COPY POk CONTRACTOR CONTRACTOR'& BONDING CO. CITY SECRETARY CITY MANAGER'S OFFICE ENGINEERING DN. TIPW • FILE COPY BRIDGE REPAIR AND REHABILITATION AT ELEVEN LOCATIONS (2013-26) City Project No. GG01-539590-0202 003 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department George Behmanesh, P.E. Assistant Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2013 OFFICIAL RECORD CITY SECRETARY ;T, WORTH, TX 104.74,004 ,'iOF r,1 to �� a ee.../t Ar*m *jr or® cs'eeesseee®oeeeeeaeea e r VUI BIN KAU - of .12117.00.eov®e a ®eawoa*eke 0,33 % 488r3 d14y,4.— Freese and Nichols, Inc. Texas Registered Engineering Firm F-2144 6203 M&C Review Page 1 of 2 CITY COUNCIL AGENDA DATE: 9/17/2013 REFERENCE NO.: **C-26431 LOG NAME: CODE: C TYPE: PUBLIC HEARING: SUBJECT: Authorize Execution of a Contract with Gibson & Associates, Inc., in the Amount of $518,830.00 for Bridge Repair and Rehabilitation at Ten Locations (COUNCIL DISTRICTS 2, 3, 4, 7 and 8) Official site of the City of Fort Worth, Texas FORT WORTII 20BRIDGE REPAIR 2013-26 CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Gibson & Associates, Inc., in the amount of $518,830.00 for bridge repair and rehabilitation at ten locations listed below. DISCUSSION: This contract provides for repair and rehabilitation of ten bridges listed below. project was part of Fiscal Year 2013 General Fund. BRIDGE Bryant Irvin Road (North and South bound) Christopher Drive East Allen Avenue East Long Avenue (East and West bound) Great Southwest Parkway (East and West bound) Meacham Boulevard (East and West bound) Old Hemphill Road South Hulen Street (South bound) Sand Street Sendera Ranch Boulevard Funding for this OVER Trinity River Tributary of Village Creek Railroad Railroad Little Fossil Creek Tributary of Little Fossil Creek Sycamore Creek Tributary of Trinity River Drain Henrietta Creek The project was advertised on June 13, 2013 and June 20, 2013, in the Fort Worth Star-Telearam. On July 11, 2013, the following bid was received: BIDDERS AMOUNT Gibson & Associates, Inc. $518,830.00 M/WBE Office - Gibson & Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 15 percent MBE participation on this project. The City's MBE goal on this project is seven percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICTS 2, 3, 4, 7 and 8, Mapsco 5L, 49P, 49Q, 49W, 66E, 74Z, 75X, 77P, 91W, and 105R. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18953&councildate=9/17/2013 9/16/2013 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539590 0202003 $518.830.00 Submitted for Citv Manager's Office bv: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: George Behmanesh (7914) ATTACHMENTS Bridge Locaions Map01 BR 2013-26.pdf Bridge Locaions Map02 BR 2013-26.pdf Bridge Locaions Map03 BR 2013-26.pdf Bridge Locaions Map04 BR 2013-26.pdf Bridge Locaions Map05 BR 2013-26.pdf Bridge Locaions Map06 BR 2013-26.pdf http://apps.cfwnet.org/council packet/mc_review.asp?ID=18953&councildate=9/17/2013 9/16/2013 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 Division 00 - General Conditions 4 00 05 10 Mayor and Council Communication 5 00 05 15 Addenda 6 00 11 13 Invitation to Bidders 7 00 21 13 Instructions to Bidders 8 00 35 13 Conflict of Interest Affidavit 9 00 41 00 Bid Form 10 00 42 43 Proposal Form Unit Price 11 00 43 13 Bid Bond 12 00.43 37 Vendor Compliance to State Law Nonresident Bidder 13 00 45 26 Contractor Compliance with Workers' Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 00 61 13 Performance Bond 17 00 61 14 Payment Bond 18 00 61 19 Maintenance Bond 19 00 61 25 Certificate of Insurance 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 23 Division 01 - General Requirements 24 01 11 00 Summary of Work 25 01 25 00 Substitution Procedures 26 01 31 19 Preconstructiori Meeting 27 01 31 20 Project Meetings 28 01 32 16 Construction Progress Schedule 29 01 32 33 Preconstruction Video 30 01 33 00 Submittals 31 01 35 13 Special Project Procedures 32 01 45 23 Testing and Inspection Services 33 01 50 00 Temporary Facilities and Controls 34 01 55 26 Street Use Permit and Modifications to Traffic Control 35 01 57 13 Storm Water Pollution Prevention Plan 36 01 58 13 Temporary Project Signage 37 01 60 00 Product Requirements 38 0174 23 Cleaning 39 0177 19 Closeout Requirements 40 01 78 39 Project Record Documents 41 42 Division 34 - Transportation 43 34 71 13 Traffic Control 44 45 Special (TxDOT)* 46 ITEM 104 Remove Concrete (Retaining Walls) — Spec 104-2024 47 ITEM 104 Remove Concrete (Approach Slab) — Spec 104-2027 48 ITEM 104 Remove Concrete (Abutment Backwall) — Spec 104-2039 49 ITEM 110 Excavation (Roadway) — Spec 110-2001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 000000-1 TABLE OF CONTENTS Page 1 of 2 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 000000-2 TABLE OF CONTENTS Page 2 of 2 1 ITEM 354 Planing and Texturing Pavement (0" —1/a") — Spec 354-2001 2 ITEM 401 Flowable Backfill — Spec 401-2001 3 ITEM 403 Temporary Special Shoring — Spec 403-2001 4 ITEM 420 Cl C Concrete (Abutment) — Spec 420-2003 5 ITEM 420 Cl C Concrete (Wingwall) — Spec 420-2008 6 ITEM 420 Cl S Concrete (Approach Slab) — Spec 420-2033 7 ITEM 429 Concrete Structure Repair (Horizontal) — Spec 429-2007 8 ITEM 429 Concrete Structure Repair (Vertical or Overhead) — Spec 429-2008 9 ITEM 429 Concrete Structure Repair (Bridge Deck)(Partial Depth)— Spec 429-2009 10 ITEM 432 Riprap (Stone Protection)(12 IN) — Spec 432-2019 11 ITEM 434 Elastomeric Bearing (Special) — Spec 434-2024 12 ITEM 434 Laminated Elastomeric Bearing — Spec 434-2030 13 ITEM 438 ' Cleaning and Sealing Existing Joints (CL-7) — Spec 438-2009 14 ITEM 446 Clean and Paint Existing Structure (Sys III) — Spec 446-2041 15 ITEM 454 Sealed Expansion Joint (4 IN) (SEJ-A) — Spec 454-2001 16 ITEM 495 Raising Existing Structure — Spec 495-2001 17 ITEM 780 Epoxy Injection (Type IX) — Spec 780-2001 18 ITEM 7097 Multiple Layer Epoxy Concrete Overlay (2- 1/8"layer) Spec SS7097 19 20 *TxDOT Specifications adopted by the Texas Department of Transportation June 1, 2004, are 21 included for this project by reference. All standard specifications included in the Department's 22 Standard for Construction and Maintenance of Highways. Streets, and Bridges are incorporated 23 into the contract by reference. 24 25 Appendix 26 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 27 GC-6.07 Wage Rates 28 AP-1 Bridge Locations, Quantity Summaries, Plans and Details 29 30 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 001113-1 INVITATION TO BIDDERS Page 1 of 2 SECTION 0011 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of BRIDGE REPAIR AND REHABILITATION AT ELEVEN LOCATIONS (2013-26), GG01-539590-0202003 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, July 11, 2013, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Project consists of bridge repair and rehabilitation construction. 3 L.S. 50 EA 150 S.F. 782 L.F. 4,544 S.Y. Raising Existing Structures Elastomeric Bearings Conc Str Repair (Vertical or Overhead) Clean & Seal Exist Joints (Type 7) Multiple Layer Epoxy Conc Overlay 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 httn://www.fortworthgov.org/purchasing/ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Pamela Forehand, 817- 392-7913. City of Fort Worth, TPW, 2nd Floor, 1000 Throckmorton St., Fort Worth, TX 76102. The cost of Bidding and Contract Documents is: $30.00 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: Tuesday, June 26, 2013 9.00 A.M. Transportation & Public Works, 1000 Throckmorton Street, Room 270 Fort Worth, Texas 76102 Municipal Building, 2°a Floor. DATE: TIME: PLACE: LOCATION: CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH BRIDGE REHABILITATION (2013-26) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1, 2011 00 11 13 - 2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Tariqul Islam, City of Fort Worth 4 Email: tariqul.islam@forworthTexas.gov 5 Phone: 817-392-2486 6 AND/OR 7 Attn: Hyunsik Moon, Freese and Nichols 8 Email: hm@freese.com 9 Phone: 817-735-7367 10 11 ADVERTISEMENT DATES 12 June 13, 2013 13 June 20, 2013 14 15 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. httn://www.ethics.state.tx.us/forms/CIO.ndf httn://www.ethics.state.tx.us/forms/CIS.ndf CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: 26 , f / 27 (9ry5 0 A F A5S0Gra.les- c . By: Lc, 'a/4A44 J.. Gd)j,/ SoA/ 28 Company / (Please Print) ,( 39 � � ✓ice— � 30 � • I �� oK � S � F Signature: / -- 31 Address 32 �/4e. e 33 ��' �'sv� tKqS , %X 7i*'mS9q Title: t c5 r 34 City/State/Zip (Please Print) 35 36 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 003513-2 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 3 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity Shia quaatlonnalra rafaota changes made to fne taw by H.S. 1451, 531tr Leg., Regular Baesian_ This questionnaire is being filed in accordance with Chapter 1713, Local Government Code byaperson who has a business n_laiionshipasdefinedbySection 1700.031(I-a)w;ihalocal governmental entity and the person meets requirements under Section 170.008(a). By law this questionnaire n1O.as*i be filed with the records adminisbatarofthe local n- m en'at en i y riot later than the 7th business day after the date the person becomes aware o3F facts that require the statement to be filed. See Section. 170.000, Local Government Code. A person =mils an offense if the person knowingly viotaies Ss-rtion 170.030, Local Government Code. An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. 14.)/ a (CI 644 J G eh so.-1 FORM CI OFFICE USE ONLY Bat: Rseteel J ❑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 alter the date the originality fled questionnaire becomes incomplete or i st ate-) Name of local government officer withwharn filer has employment or business relationship. Fame of OfFme_r This section (item 3 including subparts. A. B, C & D) nnst be completed for each officer with whom the filer has an employment or oar business relationship as defined by Section 176.031(1-4 Local Government Code_ Attech additxxrA pages to this Form CIO as necessary. A. Is the local government offices named in this section receiving or likely to receive taxable income, other than investment mamma, from the filer of the questionnaire? S. Is the filer of the questionnaire receiving or likely to receive taxable inure other than investment income, from or at the erection of the boat government officer named in this section AND the taxable income is not received from the beat governmental entity? (cam.. 0 Yes No C. is the titer of this questionnaire employed by a corporation or other business entity with respect to Mich the local govemrent officer serves as an of er or director, or holds an uvmsrship of 10 percent or more? vl(ol El Yes n No D. Describe each employment or business relationship with the focal government officer named in thits section. 7— 4 - f3 Signature ape -son 6O{rg trusfncss with the gr? ernrrserttal entity Ole CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Adopted t6t2e120fl7 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (Instructions fur completing and filing this form are provcdecf on the MF._•<1. page) 00 35 13 - 3 CONFLICT OF INTEREST AFFIDAVIT Page 3 of 3 FORM CIS This questionnaire renscts change& madto. Ms law by H.B. 1491, BOth Rsgul3r Ion. OFFICE This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require_ the officer to file this statement in accordance with Chapter 176, Local Government Code_ 11 Name of Local Government Officer Office Held Date ReceNed person described hy Sections 176,002(a) and 178.003(4 Local Government Code JDescription of the nature and extent of employment or other business relationship with person named in item 3 List gifts accepted by the local government officer and any family member. excluding gilts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed $250 during the 12-month period described by Section 176.003(a){2)(B) Date Gift Accepted Description of -Gift Date Gift Accepted Description of Gift Date GiftAecepted Description of Gift (attach additional forms as necessary) LI AFFIDAVIT AFFIX NOTARY CTAMP / SEAL "'ROVE 1 swear under penalty oC penury that the above statenert Is true and =rect. 1 aartookedge that the ollsotwire apples- to a family member (as Wined by Steellon 175.631(2), Loc.at Government Code) 01 tiYe Pac,.V govemment arrieet 1 also acknaMedge that INS statement mem the 12-month period clesalbed by &MUER] 175-.633a,K Loc.a• Goverment Code_ Sworn to and subr.criaed before me, by the sold of 20 10 certly wenese my hand and sea! Stoneham of °Meer adminestenno oaNI SIgnattre al LocA Gevernrnent Cams: This the day Feinted name aTo.lIcer admIntstedno oadi TINe of Weer admhIstenno oath 1 2 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Adopted 0612912007 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 00 41 00 BID FORM Page 1 of 3 TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 SECTION 00 4100 BID FORM FOR: BRIDGE REPAIR AND REHABILITATION AT ELEVEN LOCATIONS (2013-26) City Project No.: 539590-0202003 Units/Sections: BRIDGE REPAIR AND REHABILITATION 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award, 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00 00 42 43 00 43 13 00 43 37 Bid_Form-Proposal-Bond_Vendor_Compliance.xls 3. Prequalillcatien: The-Eidder-aeknowledgcs that the -fallowing work types-must-be-performngd only by prequalified coieas-:m xrr✓✓.iLaniracterse a. b. c. d. 4. Time of Completion 00 41 00 BID FORM Page 2 of 3 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form 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 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) g. Conflict of Interest Affidavit, Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by .multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted one CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 5 / 9 , s0/'0 by the entity named below. 00 41 00 00 42 43 00 43 13 00 43 37 Bid_Form-Proposal-Bond_Vendor_Compliance.xls Respectfully submitted, By: v a (Signature) (Printed Name) Title: ('i'tr i" t /4 Company: 6459001 Address: (Receipt is acknowledged of the following Addenda: (Addendum No. 1: (Addendum No. 2: (Addendum No. 3: (Addendum No. 4: Corporate Seal: `' �r 1f5-._rX. State of Incorporation:X*.S" Email. l'pQ9444rl6,21 Soo. CLrirsOc. 't f Phone: i1'c r,.n IS, , 4 4 1- CITY OF FORT WORTH . STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 END OF SECTION 00 41 00 BID FORM Page 3 of 3 Initial 00 41 00 00 42 43 00 43 13 00 43 37 Bid_Form-Proposal-Bond_Vendor_Compliance.xls 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item No. Description Project Item Information GENERAL I RAILROAD COORDINATION SPECIAL (TXDOT) 2 RAISING EXIST STRUCT (BRYANT IRVIN RD) 3 RAISING EXIST STRUCT (E LONG AVE & E ALLEN AVE) 4 REMOVE CONC (ABUTMENT BACKWALL) 5 REMOVING CONC (APPR SLAB) 6 REMOVE CONC (RETAINING WALLS) 7 CL C CONC (ABUT) 8 CL CCONC (WINGWALL) 9 TEMP SPECIAL SHORING 10 EPDXY INJECTION (TY IX) 11 CLEAN & PAINT EXIST STR (SYSTEM III) Bidder's Proposal Specification Section No. TxDOT Item No. Unit of Measure Bid Unit Price Quantity 01 35 13 LS 2 $3,000.00 495-2001 LS 495-2001 LS 2 $1 12,000.00 $2,100.00 104-2039 CY 2 $3,500.00 104-2027 12 ELASTOMERIC BEAR (SPECIAL) 13 LAMINATED ELASTOMERIC BEARING 14 CLEAN AND SEAL EXIST JOINTS (CL-7) 15 SEALED EXPANSION JOINT (4 IN) (SEJ - A) 16 FLOWABLE BACKFIIL 17 EXCAVATION (ROADWAY) 18 CLS CONC (APPR SLAB) 19 CNC STR REP (HORIZONTAL) (GREAT SW PKWY, SENDERA RANCH BLVD, MEACHAM BLVD, BRYANT IRVIN NB) 20 CNC STR REP (HORIZONTAL) (OLD HEMPHILL RD) 21 CNC STR REP (VERTICAL OR OVERHEAD) (SAND ST) 22 CNC STR REP (VERTICAL OR OVERHEAD) (GREAT SW PKWY & HULEN ST) 23 PLAN & TEXT ASPH CONC PAV (0" TO 1/41 24 MULTIPLE -LAYER EPDXY CONCRETE OVERLAY 25 RIPRAP (STONE PROTECTION) (12 IN) 26 CNC STR REP (BRDG DECK) (PARTIAL DEPTH) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 104-2024 420-2003 420-2008 403-2001 780-2001 446-2041 434-2024 434-2030 436-2009 JT 454-2001 1401-2001 110-2001 1420-2033 429-2007 1429-2007 1429-2008 429-2008 354-2001 I M SS7097 1 432-2019 429-2009 SY SY CY UY EA LF LS EA EA LF LI- CY CY CY SF LS SF SF SY SY CY SF 187 2 2 1 1 20 1 50 9 782 105 171 170 61 $95.00 $900.00 $4,500.00 $3,700.00 $100.00 $100.00 $4,500.00 $110.00 $300.00 $25.00 $10000 $140.00 $100.00 $555.00 Bid Value $6,000.00 $1 12,000.00 $5,400.00 $7,000.00 $17,786.22 $2,000.00 $9,000.00 $4,065.43 $100.00 $2,000.00 $4,500.00 $5,500.00 $2,700.00 $19,550.00 $10,456.29 $23,954.44 $17,010.31 $34,000.83 101 $150.00 $15,150.00 1 $5,500.00 $5,500.00 135 $120.00 $16,200.00 15 $200.00 $3,000.00 194 $93.00 $18,083.33 4544 $37.00 $168,144.44 27 $300.00 98,000.00� 16 $150.00 $2,400.001 TOTAL BID $519,501.301 $51,$3o.00 Created by Brandy Crane on July 15, 2013 SECTION 00 42 43 Gibson & Associates, Inc. Bid Date July 11, 2013 PROPOSAL FORM P.O. Box 800579 Bridge Repair 2013-26 Balch Springs, TX 75180 417-869-0374 UNIT PRICE BID Project Item Information Bidder's Proposal Item No. Description Specification Unit of Bid Bidlist Item No. Unit Price Bid Value Section No. Measure Quantity I RAILROAD COORDINATION 2 RAISING EXIST STRUCT (BRYANT IRVIN RD) 3 RAISING EXIST STRUCT (E LONG AVE & E ALLEN AVE) 4 REMOVE CONC (ABUTMENT BACKWALL) 5 REMOVING CONC (APPR SLAB) 6 REMOVE CONC (RETAINING WALLS) 7 CL C CONC (ABUT) 8 CL C CONC (WINGWALL) 9 TEMP SPECIAL SHORING 10 EPDXY INJECTION (TY IX) 11 CLEAN & PAINT EXIST STR (SYSTEM III) 12 ELASTOMERIC BEAR (SPECIAL) 13 LAMINATED ELASTOMERIC BEARING 14 CLEAN AND SEAL EXIST JOINTS (CL-7) 15 SEALED EXPANSION JOINT (4 IN) (SEJ - A) 16 FLOWABLE BACKFILL 17 EXCAVATION (ROADWAY) 18 CL S CONC (APPR SLAB) 19 CNC STR REP (HORIZONTAL) (GREAT SW PKWY, SENDERA RANCH BLVD, MEACHAM BLVD, BRYANT IRVIN NB) 20 CNC STR REP (HORIZONTAL) (OLD HEMPHILL RD) 21 CNC STR REP (VERTICAL OR OVERHEAD) (SAND ST) 22 CNC STR REP (VERTICAL OR OVERHEAD) (GREAT SW PKWY & HULEN ST) 23 PLAN & TEXT ASPH CONC PAV (0" TO 1/4") 24 MULTIPLE -LAYER EPDXY CONCRETE OVERLAY 25 RIPRAP (STONE PROTECTION) (12 IN) 26 CNC STR REP (BRDG DECK) (PARTIAL DEPTH) 01 35 13 495-2001 495-2001 104-2039 104-2027 104-2024 420-2003 420-2008 403-2001 780-2001 446-2041 434-2024 434-2030 438-2009 454-2001 401-2001 110-2001 420-2033 429-2007 429-2007 429-2008 429-2008 354-2001 M SS7097 432-2019 429-2009 LS 2 LS 1 LS 2 CY 2 SY 187 SY 2 CY 2 CY 1 EA 1 LF 20 LS 1 EA 50 EA 9 LF 782 LF CY CY CY SF 101 LS 1 SF 135 SF 15 SY SY CY SF $ 3,000.00 $ 112,000.00 $ 2,700.00 $ 3,500.00 $ 95.00 $ 900.00 $ 4,500.00 $ 3,700.00 $ 100.00 $ 100.00 $ 4,500.00 $ 110.00 $ 300.00 $ 25.00 $ 6,000.00 $ 112,000.00 $ 5,400.00 $ 7,000.00 $ 17,765.00 $ 1,800.00 $ 9,000.00 $ 3,700.00 $ 100.00 $ 2,000.00 $ 4,500.00 $ 5,500.00 $ 2,700.00 $ 19,550.00 105 171 170 61 $ 100.00 $ 140.00 $ 100.00 $ 555.00 $ 10,500.00 $ 23,940.00 $ 17,000.00 $ 33,855.00I $ 150.00 $ 15,150.00 $ 5,500.00 $ 5,500.00 $ 120.00 $ 16,200.00 $ 200.00 $ 3,000.00 194 $ 93.00 I $ 18,042.00 4544 $ 37.00 I $ 168,128.00 27 I $ 300.00 I $ 8,100.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 16 I $ 150.00 I $ 2,400.00 1 TOTAL BIDI $ 518,830,00 Bridge Repair 2013-26 7-11-13.xls 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 Slat€- Here or Blank our principal place of business, are required to be Her '' percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. our principal place of business, B. The principal place of business of our company or our parent company or majority owner is VIr BIDDER: in the State of Texas. g45041 i Alro C%4 j' i0S, �de c • Company: Company Name Here Address: Address Here Address Here or Space City, State Zip Code Here '-P0•(3)(05(957q (4 5,,114fs 7%9$7 -41 S7F CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 END OF SECTION - c,><<%4 �, J • G IIBy: Printed Name Here lam` f (Signature) Title: Title Here ( ?/"r f et) k Date: 7 - !t - e J 00 41 00 00 42 43 00 43 13 00 43 37 Bid_Form-Proposal-Bond_Vendor_Compliance.xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. GG01-539590-0202003 Contractor further certifies that, pursuant to Texas Labor 6 Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 12 13 14 R U- l ox fc CZDS7? 15 Address • 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ```�o,'p PGe, PAM N. DAVIS 37 71. ; ''"= Notary Public, State of Texas �..°,; My. Commission Expires ''�:;••o��„�`� March 30, 2017 38 39 (cil650,1 4 #4SS-doe / a. L''S' .7 i By: GJ!/ f!44444 f . f D S e01 Company (Please Print) Signature: ;/7 t5 : %X 7� i1° Title: 91' rS i c002 K City/State/Zip' (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared mi-/At io J. G 45Q►+ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of --P' r' s /d'. K E for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /d /c. , 20J. r day of tea... "..tada...,,44- Notary Public in and for the State of Texas !Ali) OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 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 004539-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 39 2 MINORITY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000 then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 7% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture documentation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's Business Diversity Enterprise Ordinance, shall result in the Bid being considered non -responsive. Any questions, please contact the M/WBE Office at (817) 212- 2674. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications The` Offeror shall deliver tlie. MBE' ` documentation In person to the:;appropriate employee of the. Manag• ing Department and obtau a date/time receipt such receipt shall be evidence that the City receivedthe'docu nentation• n tie rime ailocated A faxed copy will not be accept 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no MBE participation: 4. Prime Contractor Waiver Form, if firm will perform all subcontracting/supplier work: 5. Joint Venture Form, if utilizing a joint venture to meet or exceed goal. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [5/30/12] BRIDGE REHABILITATION (2013-25) GG01-539590-0202003 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 THIS AGREEMENT, authorized on September 17. 2013, is made by and between the City of 3 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 4 Manager, ("City"), and GIBSON & ASSOCIATES, INC.. authorized to do business in Texas, 5 acting by and through its duly authorized representative, ("Contractor"). 6 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 7 follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 BRIDGE REPAIR AND REHABILITATION AT ELEVEN LOCATIONS (2013-26) 15 GG01-539590-0202003 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 180 days after the date when the 22 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 23 3.3 Liquidated damages 24 Contractor recognizes that time is of the essence of this Agreement and that City will 25 suffer financial loss if the Work is not completed within the times specified in Paragraph 26 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 27 General Conditions. The Contractor also recognizes the delays, expense and difficulties 28 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 29 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 30 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 31 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 32 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 33 Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 00 52 43 - 2 Agreement Page 2 of 4 34 Article 4. CONTRACT PRICE 35 City agrees to pay Contractor for performance of the Work in accordance with the Contract 36 Documents an amount in current funds of FIVE HUNDRED EIGHTEEN THOUSAND 37 EIGHT HUNDRED THIRTY DOLLARS AND ZERO CENTS ($518,830.00). 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non -Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents (project specific) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Form(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE Commitment Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 00 52 43 - 3 Agreement Page 3 of 4 72 Article 6. INDEMNIFICATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of, the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification provision is specifically intended to operate 78 and be effective even if it is alleged or proven that all or some of the damaues being 79 souiht were caused. in whole or in part, by any act. omission or neulieence of the city. 80 This indemnity provision is intended to include, without limitation, indemnity for 81 costs, expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 the city, its officers, servants and employees, from and against any and all loss, damage 86 or destruction of property of the city, arising out of, or alleged to arise out of, the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged or 90 proven that all or some of the damages being soueht were caused, in whole or in part„ 91 by any act, omission or neelieence of the city. 92 93 Article 7. MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 00 52 43 - 4 Agreement Page 4 of 4 113 7.6 Other Provisions. 114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 115 classified, promulgated and set out by the City, a copy of which is attached hereto and 116 made a part hereof the same as if it were copied verbatim herein. 117 7.7 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly 119 authorized signatory of the Contractor. 120 121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 122 counterparts. 123 124 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 125 126 127 128 129 130 131 132 133 134 135 Contractor: ae46500.1 55'oC,4.12r, . By: (SMna re) l✓�il�a'�« G € CO y (Printed Name) Title: %fie e s i'cg•t ac e Address: 1? o. /3ek Foo57? City of Fort Worth / By�441C4 L h Fernando Costa Assistant City Manager Date _j__Ohoiii(, Attest: City Secretary (Seal) M&C C - Z (i'-l.3 I Date: / //7 //3 City/State/Zip: &u.(h 5fri Hq.S, 7j' 7,52P-c5'71 Approved as to Form and Legality: 5:-/F-i 3 Date OFFICIAL RECORD CITY SECRETARY 12t WORTH, TX WvIGktW Bottglas W Bl ek r ? , c Assistant City Attorney APPROVAL RECOMMENDED: I .i • Douglas 'i). Wiersig, P.E. DIRECTOR, Transportation and Public Works l[e ill • A1-.e 7� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT SECTION 00 61 13 PERFORMANCE BOND 006113-1 PERFORMANCE BOND Page 1 of 2 Bond No. 8232-77-28 KNOW ALL BY THESE PRESENTS: 7 That we, Gibson & Associates. Inc.. known as "Principal" herein and 8 Federal Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, FIVE HUNDRED 12 EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY DOLLARS AND ZERO CENTS 13 ($518,830.001. lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 17 day of September. 2013. which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as BRIDGE REPAIR AND REHABILITATION AT 21 ELEVEN LOCATIONS (2013-26), GG01-539590-0202003 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 BRIDGE REHABILITATION (2013-26) 0001-537110-0202002 00 61 13 - 2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 19th day of 6 September 20 13 7 PRINCIPAL: 8 Gibson & Associates, Inc. 9 10 11 BY: 12 Signature 13 ATTE T 14 A 15 ►. � /� wtlil4 3 G 45'04 —?P e sa-z 16 (Principal ec Name and Title 17 -��ff 18 Address: P. 0. Box 800579 19 0 21 �7,04 S n�%011%?- v 22 23 SURETY: 24 Federal Insurance Company 25 26 27 28 Signature 29 30 Robbi Morales, Attorney -in -fact 31 Name and Title 32 33 34 36 19717)7V4k 35 37 Witness as to S r ty Telephone Number: 214/989-0000 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 Witness as to Principal Balch Springs, TX 75180-0579 Address: 2711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-5371 10-0202002 006114-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Gibson & Associates, Inc., known as "Principal" herein, and 8 Federal Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of FIVE HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY 13 DOLLARS AND ZERO CENTS ($518,830.001., lawful money of the United States, to be paid 14 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: Bond No. 8232-77-28 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 17 day of September, 2013. which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as BRIDGE REPAIR AND REHABILITATION AT ELEVEN LOCATIONS (2013- 22 26), GG01-539590-0202003. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. CFFY OF FORT WORTH SFANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 BRIDGE REHABILITATION (2013-26) GGO 1-5 39590-0202003 00 61 14 -2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 19th day of 3 September •20 13 • 5 6 7 8 9 10 11 12 Witness as to Principal EST: cretary Witness as to S PRINCIPAL: Gibson & Associates, Inc. BY: Signature •nn J• (9lb5;N'3 etc( Name and Title Address: P. 0. Box 800579 Balch Springs, TX 75180-0579 SURETY: Federal Insurance Company BY: Cam; Signature Robbi Morales, Attorney —in —fact Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 SECTION 00 61 19 MAINTENANCE BOND 006119-1 MAINTENANCE BOND Page 1 of 3 Bond No. 8232-77-28 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Gibson & Associates. Inc.. known as "Principal" herein and 9 Federal Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of FIVE 13 HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY DOLLARS AND 14 ZERO CENTS ($518.830.001., lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 17 day of September, 2013, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract 24 and designated as BRIDGE REPAIR AND REHABILITAITON AT ELEVEN LOCATIONS 25 (2013-25), GG01-539590-0202003; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1. 2011 BRIDGE REHABILITATION (2013-26) GGO1-539590-0202003 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 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 19th day of 3 September ,20 13 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: (,(11,Lt A A-- (P ' cipa1) Secr 4)ya #ss7- Witness as to Principal Witness as to S *Note: ty PRINCIPAL: Gibson & Associates, Inc. BY:` 1 - Signature o lJi ilia .1 • sew? Name and Title Address: P• 0. Box 800579 Balch Springs, TX 75180-0579 SURETY: Federal Insurance Company BY: vc)..a� Signature Robbi Morales, Attorney —in —fact Name and Title Address: 2711 N. Haskell Ave. , Suite 800 Dallas, TX 75204 Telephone Number: 214/989-0000 If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 Chubb Surety POWER OF ATTORNEY Federal Insurance Company Attn: Surety Department Vigilant insurance Company 15 Mountain View Road Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL, INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and appoint Lisa M. Bonnot, Don E. Cornell, V. DeLene Marshall, Robbi Morales, Ricardo J. Reyna and Jerry P. Rose of Dallas, Texas — - -- -- -- -- — -- - — each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this 1 St day of February, 2013. Owiif 13 oms, Jr., Altos, Assistant Secretary 1J 1 STATE OF NEW JERSEY County of Somerset On this 1 St day of February, 2013 before me, a Notary Pubic ot New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGI(ANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attomey, and the said Dawn M. Chloros, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with David 8. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David 8. Norris, Jr., subscribed to said Power of Attomey is in the genuine handwriting of David B Norris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seat ss. KATHERINE J. ADELAAR NOTARY PUBIC OF NEW JERSF'r No. 2316685 Cornmiusion Expitvl6 July 16, 2014 CERTIFICATION Extract from the By- La RAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY: 'Ali powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attomeys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC 1NDEMNiTY COMPANY (the 'Companies') do hereby certify that (i) the foregoing extract of the By- taws of the Companies is true and correct, (ii) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ii) the foregoing Power of Attorney is true, correct and in full force and effect Given under my hand and seals of said Companies at Warren, NJ this 1 9 t h day of September, 2013 /d-1144_, Notary Public Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-rnail: surety@chubb.com FMm 1r-i_1n_ (199 R_ r r /Fri n1) rnr.rcrnrT Icier Information Notice IMPORTANT NOTICE To Obtain information or make a complaint: You:inay call Chubb's tol 1-free telephone number for information or to make i complaint at 1-800-36-CHUBB you may contact the Texas Department of Insurance to obtain information on companies, coverages, iTights or complaints at. 1-800-252-3439 Yon may Nviite the Texas Department of Insurance, P:0, Box 1219104 Amid rt, IN 78714-910.4 FAX # (512) 475-1771 Web: Intp://www,tdi.state.tx.us E-m a i ConsumerProtection@ td i.sta te. tx . us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATIACH THIS NOTICE TO YOUR .POLICY: This notice is for information only and does not .become a part or condition of the attached document, AVISO IMPQRTANTE Para obtener informacion .° para sonieter 'una qtcja: 'listed puede Ilamar at namero de telefono gratis de Chubb's para intorrnaci�n o para someter Luta queja al 1-800-36-CHUBB Puede comunicarse eon el Departamento de Seguros de Texas para obtener informaciOn acerca de compalicas, coberturas, derechos o quejas al I -800-252-3439 Puede escribir al Departamento de Seguros de Texas RO. Box 14910,4 Austin, TX 78714-9104 FAX # (512) .475-1771 Web: littp://www.tdi.state.tx.us ConsumerProtection tdi,state.tx.us DISPUTAS SOBRE PRIMAS ORECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agenie primero. Si no se restieve la disputa, puede entonces comunicarse con el departamento(TM). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se eonvierte en parte o condiciOn del document° adjunto. POLICY NUMBER: 46 C QT1551 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1. Alienated Premises Coverage 1 2. Damage To Your Work 1 3 Contractors Limited Professional Liability 1 4. General Aggregate Limits Of Insurance (Per Project) 2 5. Motor Vehicle Laws 2 6. Medical Payments Coverage — Including Products - Completed Operations 3 7. insured Contract — Construction Operations And Municipal Work 3 8. Injury To Employee's Reputation With Respect To Incidental Medical Malpractice 3 9. Bodily Injury Employee Suits 3 10. Limited Products - Completed Operations Coverage In Connection With A Consolidated Insurance (Wrap -Up) Program 3 11. Electronic Data Liability 4 12. Contractual Liability Coverage For Personal And Advertising Injury 4 13. Supplementary Payments 5 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I — Coverage A is amended as follows: a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following: Paragraph (2) of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK Exclusion 1. Damage To Your Work of Section I - Coverage A is replaced by the following: I. Damage to Your Work "Property damage" to that particular part of "your work" out of which damage arises and included in the "products -completed operations hazard". Form HS 24 24 02 10 This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This provision does not apply if exclusion I. Damage To Your Work has been otherwise modified by endorsement. 3. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor, © 2009, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 1 of 5 Professional services include: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as a part of any related architectural or engineering activities. This exclusion does not apply to "bodily injury" or "property damage" arising out of your providing the professional services described above for or in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. The insurance afforded by reason of this provision is excess over any other valid and collectible professional liability insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. 4. GENERAL AGGREGATE LIMITS OF INSURANCE (PER PROJECT) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single project; 1. A separate General Aggregate Limit applies to each project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of; a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the General Aggregate Limit for that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other General Aggregate Limit for any other project. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by accidents under Section 1 - Coverage C , which cannot be attributed only to ongoing operations at a single project; 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the project General Aggregate Limit. D. If the applicable project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section III - Limits Of insurance not otherwise modified by this endorsement shall continue to apply as stipulated. This provision does not apply if the General Aggregate Limit Per Project has been otherwise modified by endorsement. 5. MOTOR VEHICLE LAWS The following are added to Section IV - Commercial General Liability Conditions: 1. With respect to "mobile equipment" to which this insurance applies„ the insurance provided by the coverage part for Bodily Injury Liability or Property Damage Liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. Page 2 of 5 Form HS 24 24 02 10 2. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no- fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. This provision applies only when there is no other valid or collectable insurance. 6. MEDICAL PAYMENTS COVERAGE — INCLUDING PRODUCTS -COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement — Coverage C is replaced by the following: 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products -completed operations hazard;" provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as' we reasonably require. 7. INSURED CONTRACT — CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of "insured contract" in Section V - Definitions is deleted and replaced by the following: d. An obligation, as required by ordinance, to indemnify a municipality. 8. INJURY TO EMPLOYEES REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A. The following is added to paragraph 1.e. of the Insuring Agreement — Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. B. The following exclusion is added to Coverage B • Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 9. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in paragraph 2.a.(1) of Section II - Who Is An Insured, does not apply to 2.a.(1)(a) through 2.a.(1)(c). B. Part a. of Paragraph 4. Mobile Equipment in Section II - Who Is An Insured does not apply. C. Part a. of Paragraph 5. Nonowned Watercraft in Section II - Who Is An Insured does not apply. 10. LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE IN CONNECTION WITH A CONSOLIDATED INSURANCE (WRAP-UP) PROGRAM The following exclusion is added to Section 1 Coverage A: Any injury or damage arising out of any operations performed by you or on your behalf on or from all premises which are subject to a "consolidated insurance (wrap-up) program". This exclusion applies even if the policy covering such "consolidated insurance (wrap-up) program" is exhausted or provides coverage narrower in scope to that provided by this Coverage Part. This exclusion does not apply to "bodily injury" or "property damage" within the "products -completed operations hazard" if all coverage available to the insured for the "products -completed operations hazard" in a "consolidated insurance (wrap-up) program" or other similar insurance program is no longer in effect. However, coverage under this Coverage Part for such "bodily injury" or "property damage" will not be broader than that provided for the "products -completed operations hazard" by the "consolidated insurance (wrap-up) program" or other similar program. For the purposes of this provision, "consolidated insurance (wrap-up) program" means any agreement or arrangement under which all the contractors and the owner working on a specified project are insured under one or more general liability policies issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. This provision does not apply if the coverage in connection with a Consolidated Insurance (Wrap -Up) Program has been otherwise modified by endorsement. Form HS 24 24 02 10 Page 3 of 5 11. ELECTRONIC DATA LIABILITY A. Exclusion p. of Section I -- Coverage A is replaced by 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. B. The following paragraph is added to Section III — Limits Of Insurance: Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all toss of "electronic data" arising out of any one "occurrence" is $100,000. C. The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. 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. D. For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V - Definitions is replaced by the following: "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; or 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 the purposes of this insurance, "electronic data" is not tangible property. This provision does not apply if exclusion p. Electronic Data has been otherwise modified by endorsement. 12. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY A. Exclusion e. of Section I - Coverage B — Personal And Advertising Injury Liability is replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. B. Subparagraph f. of the definition of "insured contract" (Section V — Definitions) is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or organization, provided the "bodily injury", "property damage", or "personal and advertising injury" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Page 4 of 5 Form HS 24 24 02 10 Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. SUPPLEMENTARY PAYMENTS in the Supplementary Payments — Coverages A and B provision: The limit for the cost of bail bonds in increased to $2,500. Form HS 24 24 02 10 Page 5 of 5 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; HG 00 01 06 05 (2) The "bodily injury" or "property damage" occurs during the policy period; and Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "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, 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. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section 1I — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. 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". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (3) © 2005 The Hartford (includes copyrighted material of Insurance Services Office, Inc. with its permission.) Page 1 of 18 (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "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. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. (3) (a) d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (il) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (i) Page 2 of 18 FIG 00 01 06 05 (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (c) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (i) g. (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) 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, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or 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 entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (3) HG 00 01 06 05 Page 3 of 18 (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: j• (5) (1) (2) (3) War, including undeclared or civil war; Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors (5) Property loaned to you; working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. 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 for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ili — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. 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: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 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. Page 4 of 18 FIG 00 01 06 05 n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". 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. As used in this exclusion, 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. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment - related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III -- Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. HG 00 01 06 05 Page 5 of 18 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights "Personal and advertising injury" arising out of any violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, service mark or other designation of origin or authenticity. However, this exclusion does not apply to infringement, in your "advertisement", of: (1) Copyright; g• (2) Slogan, unless the slogan is also a trademark, trade name, service mark or other designation of origin or authenticity; or (3) Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider, However, this exclusion does not apply to Paragraphs 17.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, placing an "advertisement" for or linking to others on your web site, by itself, is not considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized tJse Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Page 6 of 18 HG 00 01 06 05 o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Discrimination Or Humiliation "Personal and advertising injury" arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (3) (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) (a) (e) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. (3) MCC 00 01 06 05 Page 7 of 18 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur, b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 9. e. All costs taxed against the insured in the "suit". f. 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, g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance, 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit'; Notify any other insurer whose coverage is available to the indemnitee; and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, (c) (d) Page 8 of 18 HG 00 01 06 05 necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are 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, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees and Volunteer workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising 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 that "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 Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (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", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property 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. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will (c) HG 00 01 06 05 Page 9 of 18 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s)-or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance 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 the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when 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; 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; Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 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 employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (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. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their 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 or organization. (2) 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. (e) (f) (g) c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an 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 1. The Most We wilt Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. 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. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; Any trustee, if you or an additional insured is a trust; or Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or (3) (5) (6) HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in G. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (3) (5) (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of ail deductible and self -insured amounts under all that other insurance. We will share the remaining toss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. (a) Page 14 of 18 FIG 00 01 06 05 If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. HG 00 01 06 05 Page 15 of 18 6. "Coverage territory" means: a. The United States of America (including its territories and posses§ons), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a 'leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ a person; b. Termination of a person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at a person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11."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: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while (3) 13. 14. b. c. rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section 11I . Limits of Insurance; A sidetrack agreement; Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. "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". "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, watercraft or "auto"; Page 16 of 18 HG 00 01 06 05 b. While it is in or on an aircraft, watercraft or "auto"; 16. or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; 17, 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". 15. "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 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 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, of at least 1,000 pounds gross vehicle weight, 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. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18."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. 19. "Products -completed operations hazard": a. includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned, However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed, (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. HO 00 01 06 05 Page 17 of 18 b. Does not include "bodily injury" or "property damage" arising out of: (1) 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 Products or operations for which the classification, listed in the Declarations or in a policy schedule, states that products - completed operations are subject to the General Aggregate Limit. 20. "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; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. 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. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. (3) 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "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, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "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. Page 18 of 18 HG 00 01 06 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 6 Article 2 — Preliminary Matters 7 2.01 Copies of Documents 7 2.02 Commencement of Contract Time; Notice to Proceed 7 2.03 Starting the Work 8 2.04 Before Starting Construction 8 2.05 Preconstruction Conference 8 2.06 Public Meeting 8 2.07 Initial Acceptance of Schedules 8 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 10 3.05 Reuse of Documents 10 3.06 Electronic Data 11 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 16 5.01 Licensed Sureties and Insurers 16 5.02 Performance, Payment, and Maintenance Bonds 16 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 18 5.05 Acceptance of Bonds and Insurance; Option to Replace 19 Article 6 — Contractor's Responsibilities 19 6.01 Supervision and Superintendence 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 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 Penults and Utilities 27 6.10 Laws and Regulations 27 6.11 Taxes 28 6.12 Use of Site and Other Areas 28 6.13 Record Documents 29 6.14 Safety and Protection 29 6.15 Safety Representative 30 6.16 Hazard Communication Programs 30 6.17 Emergencies and/or Rectification 30 6.18 Submittals 31 6.19 Continuing the Work 32 6.20 Contractor's General Warranty and Guarantee 32 6.21 Indemnification 33 6.22 Delegation of Professional Design Services 34 6.23 Right to Audit 34 6.24 Nondiscrimination 35 Article 7 - Other Work at the Site 35 7.01 Related Work at Site 35 7.02 Coordination 36 Article 8 - City's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Furnish Data 36 8.03 Pay When Due 36 8.04 Lands and Easements; Reports and Tests 36 8.05 Change Orders 36 8.06 Inspections, Tests, and Approvals 36 8.07 Limitations on City's Responsibilities 37 8.08 Undisclosed Hazardous Environmental Condition 37 8.09 Compliance with Safety Program 37 Article 9 - City's Observation Status During Construction 37 9.01 City's Project Representative 37 9.02 Visits to Site 37 9.03 Authorized Variations in Work 38 9.04 Rejecting Defective Work 38 9.05 Determinations for Work Performed 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 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 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 41 11.01 Cost of the Work 41 11.02 Allowances 43 11.03 Unit Price Work 44 11.04 Plans Quantity Measurement 45 Article 12 - Change of Contract Price; Change of Contract Time 46 12.01 Change of Contract Price 46 12.02 Change of Contract Time 47 12.03 Delays 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work 48 13.01 Notice of Defects 48 13.02 Access to Work 48 13.03 Tests and Inspections 48 13.04 Uncovering Work 49 13.05 City May Stop the Work 49 13.06 Correction or Removal of Defective Work 50 13.07 Correction Period 50 13.08 Acceptance of Defective Work 51 13.09 City May Correct Defective Work 51 Article 14 - Payments to Contractor and Completion 52 14.01 Schedule of Values 52 14.02 Progress Payments 52 14.03 Contractor's Warranty of Title 54 14.04 Partial Utilization 55 14.05 Final Inspection 55 14.06 Final Acceptance 55 14.07 Final Payment 56 14.08 Final Completion Delayed and Partial Retainage Release 56 14.09 Waiver of Claims 57 Article 15 - Suspension of Work and Termination 57 15.01 City May Suspend Work 57 15.02 City May Terminate for Cause 58 15.03 City May Teiiuinate For Convenience 60 Article 16 - Dispute Resolution 61 16.01 Methods and Procedures 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 Article 17 — Miscellaneous 62 17.01 Giving Notice 62 17.02 Computation of Times 62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 63 17.05 Headings 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-1 GENERAL CONDITIONS Page 1 of 62 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The foriri 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 faun setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-2 GENERAL CONDITIONS Page 2 of 62 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-3 GENERAL CONDITIONS Page 3 of 62 25. 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. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parrs and Community Services — The officially appointed Director of the Parks and Community Services Department of the. City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City, of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-5 GENERAL CONDITIONS Page 5 of 62 51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project —The Work to be performed under the Contract Documents. 53. Project Representative —The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-6 GENERAL CONDITIONS Page 6 of 62 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary 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 Revised: November 9, 2011 007200-7 GENERAL CONDITIONS Page 7 of 62 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 "Perfoinl" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-8 GENERAL CONDITIONS Page 8 of 62 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or.(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-10 GENERAL CONDITIONS Page 10 of 62 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-11 GENERAL CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall 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 Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 12 GENERAL CONDITIONS Page 12 of 62 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 17 GENERAL CONDITIONS Page 17 of 62 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 18 GENERAL CONDITIONS Page 18 of 62 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents,, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 19 GENERAL CONDITIONS Page 19 of 62 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-20 GENERAL CONDITIONS Page 20 of 62 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-21 GENERAL CONDITIONS Page 21 of 62 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 22 GENERAL CONDITIONS Page 22 of 62 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 23 GENERAL CONDITIONS Page 23 of 62 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 Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemn and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.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 Revised: November 9, 2011 007200-24 GENERAL CONDITIONS Page 24 of 62 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE 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 MWBE. 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 Revised: November 9, 2011 00 72 00 - 25 GENERAL CONDITIONS Page 25 of 62 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the 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 Revised: November 9, 2011 00 72 00 - 26 GENERAL CONDITIONS Page 26 of 62 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1lth 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 indemn' and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-27 GENERAL CONDITIONS Page 27 of 62 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Depaitinent of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 28 GENERAL CONDITIONS Page 28 of 62 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the perfoinlance 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 additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 29 GENERAL CONDITIONS Page 29 of 62 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-30 GENERAL CONDITIONS Page 30 of 62 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-31 GENERAL CONDITIONS Page 31 of 62 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-32 GENERAL CONDITIONS Page 32 of 62 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. 6.1'9 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-33 GENERAL CONDITIONS Page 33 of 62 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-34 GENERAL CONDITIONS Page 34 of 62 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. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-35 GENERAL CONDITIONS Page 35 of 62 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-36 GENERAL CONDITIONS Page 36 of 62 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-37 GENERAL CONDITIONS Page 37 of 62 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 38 GENERAL CONDITIONS Page 38 of 62 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-39 GENERAL CONDITIONS Page 39 of 62 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. • CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-41 GENERAL CONDITIONS Page 41 of 62 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.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, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g• Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 43 GENERAL CONDITIONS Page 43 of 62 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 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-44 GENERAL CONDITIONS Page 44 of 62 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 46 GENERAL CONDITIONS Page 46 of 62 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.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 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then _a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 47 GENERAL CONDITIONS Page 47 of 62 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.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 of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 48 GENERAL CONDITIONS Page 48 of 62 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Depaitiuent of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 49 GENERAL CONDITIONS Page 49 of 62 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-50 GENERAL CONDITIONS Page 50 of 62 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-51 GENERAL CONDITIONS Page 51 of 62 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-52 GENERAL CONDITIONS Page 52 of 62 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price, D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 53 GENERAL CONDITIONS Page 53 of 62 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-54 GENERAL CONDITIONS' Page 54 of 62 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-55 GENERAL CONDITIONS Page 55 of 62 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 56 GENERAL CONDITIONS Page 56 of 62 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B.. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-57 GENERAL CONDITIONS Page 57 of 62 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-58 GENERAL CONDITIONS Page 58 of 62 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 MWBE ordinance established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 59 GENERAL CONDITIONS Page 59 of 62 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised; Ngvember 9, 2011 00 72 00 - 60 GENERAL CONDITIONS Page 60 of 62 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 perfoiinance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007200-61 GENERAL CONDITIONS Page 61 of 62 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after teiinination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9,2011 007200-62 GENERAL CONDITIONS Page 62 of 62 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 00 72 00 - 63 GENERAL CONDITIONS Page 63 of 62 17.04 Survival of Obligations All representations, indemnifications, waiTanties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: November 9, 2011 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions, unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2, "Resolving Discrepancies" 24 25 Plans govern over Specifications and Specifications shall govern over standard details. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1., "Availability of Lands" 34 35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 36 February 21, 2012: 37 38 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION NONE 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2, "Availability of Lands" 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILITATION (2012-26) GG01-539590-0202003 007300-2 SUPPLEMENTARY CONDITIONS Page 2of5 1 Utilities or obstructions to be removed, adjusted, and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 4. as of February 21, 2012 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE 6 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A., "Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 A "None" Report No. , dated , prepared by "None" a sub -consultant of "None", a 14 consultant of the City, providing additional information on "None" 15 16 The following are drawings of physical conditions in or relating to existing surface and subsurface 17 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 18 NONE 19 20 SC-4.06A., "Hazardous Environmental Conditions at Site" 21 22 The following are reports and drawings of existing hazardous environmental conditions known to the City: 23 NONE 24 25 SC-5.03A., "Certificates of Insurance" 26 27 The entities listed below are "additional insureds as their interest may appear" including their respective 28 officers, directors, agents and employees. 29 30 (1) City 31 (2) Consultant: NONE 32 (3) Other: NONE 33 34 SC-5.04A., "Contractor's Insurance" 35 36 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 37 coverages for not less than the following amounts or greater where required by laws and regulations: 38 39 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 40 41 Statutory limits 42 Employer's liability 43 $100,000 each accident/occurrence 44 $100,000 Disease - each employee 45 $500,000 Disease - policy limit 46 47 SC-5.04B., "Contractor's Insurance" 48 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILITATION (2012-26) GG01-539590-0202003 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 2 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 3 minimum limits of: 4 5 $1,000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the 9 General Aggregate Limits apply separately to each job site. 10 11 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C., "Contractor's Insurance" 15 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under 16 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 17 18 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 19 defined as autos owned, hired and non -owned. 20 21 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 22 least: 23 24 $250,000 Bodily Injury per person / 25 $500,000 Bodily Injury per accident / 26 $100,000 Property Damage 27 28 SC-5.04D., "Contractor's Insurance" 29 30 The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and 31 material deliveries to cross railroad properties and tracks NONE 32 33 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 34 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 35 or other property. Such operations on railroad properties may require that Contractor to execute a "Right of 36 Entry Agreement" with the particular railroad company or companies involved, and to this end the 37 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 38 the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate 39 to the Contractor's use of private and/or construction access roads crossing said railroad company's 40 properties. 41 42 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 43 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 44 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 45 occupy, or touch railroad property: 46 47 (1) General Aggregate: N/A 48 49 (2) Each Occurrence: N/A 50 51 Required for this Contract X Not required for this Contract 52 53 With respect to the above outlined insurance requirements, the following shall govern: 54 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILITATION (2012-26) GG01-539590-0202003 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 2 the name of the railroad company. However, if more than one grade separation or at -grade 3 crossing is affected by the Project at entirely separate locations on the line or lines of the same 4 railroad company, separate coverage may be required, each in the amount stated above. 5 6 2. Where more than one railroad company is operating on the same right-of-way or where several 7 railroad companies are involved and operated on their own separate rights -of -way, the Contractor 8 may be required to provide separate insurance policies in the name of each railroad company. 9 10 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a 11 railroad company's right-of-way at a location entirely separate from the grade separation or at- 12 grade crossing, insurance coverage for this work must be included in the policy covering the grade 13 separation. 14 15 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 16 way, all such other work may be covered in a single policy for that railroad, even though the work 17 may be at two or more separate locations. 18 19 No work or activities on a railroad company's property to be performed by the Contractor shall be 20 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 21 for each railroad company named, as required above. All such insurance must be approved by the City and 22 each affected Railroad Company prior to the Contractor's beginning work. 23 24 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 25 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 26 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 27 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 28, railroad company operating over tracks involved in the Project. 29 30 SC-6.04., "Project Schedule" 31 32 Project schedule shall be tier 3 for the project. 33 34 SC-6.07., "Wage Rates" 35 36 The following is the prevailing wage rate table(s) applicable to this project and is provided in the 37 Appendixes: GC — 6.07 38 39 SC-6.09., "Permits and Utilities" 40 41 SC-6.09A., "Contractor obtained permits and licenses" 42 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 43 Railroad right of entry 44 SC-6.09B. "City obtained permits and licenses" 45 The following are known permits and/or licenses required by the Contract to be acquired by the City: 46 NONE 47 SC-6.09C. "Outstanding permits and licenses" 48 49 50 51 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILITATION (2012-26) GG01-539590-0202003 OWNER 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION 1 2 3 4 SC-7.02., "Coordination" 5 6 The individuals or entities listed below have contracts with the City for the performance of other work at 7 the Site: 8 None Vendor I Scope of Work Coordination Authority NONE NONE NONE I 1 9 10 11 SC-8.01, "Communications to Contractor" 12 13 NONE 14 15 SC-9.01., "City's Project Representative" 16 17 The following firm is a consultant to the City responsible for construction management of this Project: 18 NONE 19 20 SC-13.03C., "Tests and Inspections" 21 22 NONE 23 SC-16.01C.1, "Methods and Procedures" 24 25 NONE 26 27 28 29 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 21, 2012 BRIDGE REHABILITATION (2012-26) GG01-539590-0202003 1 2 3 PART1- GENERAL SECTION 0125 00 SUBSTITUTION PROCEDURES 012500-1 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 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 - A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GGO1-539590-0202003 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 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if: 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 30 31 DATE END OF SECTION Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 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 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 3 PART 1 - GENERAL SECTION 013119 PRECONSTRUCTION MEETING 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATIOAN (2013-26) GG01-539590-0202003 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way, utility clearances, easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre -Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. MBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATIOAN (2013-26) GG01-539590-0202003 013119-3 PRECONSTRUCTION MEETING 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 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 BRIDGE REHABILITATIOAN (2013-26) GG01-539590-0202003 1 2 3 PART1- GENERAL SECTION 01 31 20 PROJECT MEETINGS 013120-1 PROJECT MEETINGS Page 1 of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1— General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 . ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre -Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 31 20 - 2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre -construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations, problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off -site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 22 23 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 01 32 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 - No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 - No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4 - Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedulesubmitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost -loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions, weather, 27 technical difficulties, strikes, unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions, the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 25 . bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 32 16 -5 CONSTRUCTION PROGRESS SCHEDULE 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 5 6 7 8 Page 5 of 5 A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3 - EXECUTION [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART 1 - 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 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 DATE Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0133 00 SUBMITTALS 01 33 00 - 1 SUBMr11 ALS Page 1 of 8 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 Y2 inches x 11 inches to 81 inches x llinches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 ' paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-4 SUBMrl"1 ALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples - 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples assubmitted 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 July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-6 SUBMI1 1 ALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 calendar days of the 16 date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Working Days prior to release for 49 manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 calendar days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 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 "RFP' 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013300-8 SUBMITTALS Page 8 of 8 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 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 0135 13 SPECIAL PROJECT PROCEDURES 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1— General Requirements 24 3. Section 33 12 25 — Connection to Existing Water Mains 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Coordination within Railroad permit areas 28 a. Measurement 29 1) Measurement for this Item will be by lump sum. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 will be paid for at the lump sum price bid for Railroad Coordination. 33 c. The price bid shall include: 34 1) Mobilization 35 2) Inspection 36 3) Safety training 37 4) Additional Insurance 38 5) Insurance Certificates 39 6) Other requirements associated with general coordination with Railroad, 40 including additional employees required to protect the right-of-way and 41 property of the Railroad from damage arising out of and/or from the 42 construction of the Project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 0135 13 -2 SPECIAL PROTECT PROCEDURES Page 2 of 8 1 2. Railroad Flagmen 2 a. Measurement 3 1) Measurement for this Item will be per working day. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 will be paid for each working day that Railroad Flagmen are present at the 7 Site . 8 c. The price bid shall include: 9 1) Coordination for scheduling flagmen 10 2) Flagmen 11 3) Other requirements associated with Railroad 12 3. All other items 13 a. Work associated with these Items is considered subsidiary to the various Items 14 bid. No separate payment will be allowed for this Item. 15 1.3 REFERENCES 16 A. Reference Standards 17 1. Reference standards cited in this Specification refer to the current reference 18 standard published at the time of the latest revision date logged at the end of this 19 Specification, unless a date is specifically cited. 20 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction 21 Specification 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination with the Texas Department of Transportation 24 1. When work in the right-of-way which is under the jurisdiction of the Texas 25 Department of Transportation (TxDOT): 26 a. Notify the Texas Department of Transportation prior to commencing any work 27 therein in accordance with the provisions of the permit 28 b. All work performed in the TxDOT right-of-way shall be performed in 29 compliance with and subject to approval from the Texas Department of 30 Transportation 31 B. Work near High Voltage Lines 32 1. Warning sign 33 a. Provide sign of sufficient size meeting all OSHA requirements. 34 2. Equipment operating within 10 feet of high voltage lines will require the following 35 safety features 36 a. Insulating cage -type of guard about the boom or arm 37 b. Insulator links on the lift hook connections for back hoes or dippers 38 c. Equipment must meet the safety requirements as set forth by OSHA and the 39 safety requirements of the owner of the high voltage lines 40 3. Work within 6 feet of high voltage electric lines 41 a. Notification shall be given to: 42 1) The power company (example: ONCOR) 43 a) Maintain an accurate log of all such calls to power company and record 44 action taken in each case. 45 b. Coordination with power company CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 1) After notification coordinate with the power company to: 2 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 3 lower the lines 4 c. No personnel may work within 6 feet of a high voltage line before the above 5 requirements have been met. 6 C. Confined Space Entry Program 7 1. Provide and follow approved Confined Space Entry Program in accordance with 8 OSHA requirements. 9 2. Confined Spaces include: 10 a. Manholes 11 b. All other confined spaces in accordance with OSHA's Permit Required for 12 Confined Spaces 13 D. Air Pollution Watch Days 14 1. General 15 a. Observe the following guidelines relating to working on City construction sites 16 on days designated as "AIR POLLUTION WATCH DAYS". 17 b. Typical Ozone Season 18 1) May 1 through October 31. 19 c. Critical Emission Time 20 1) 6:00 a.m. to 10:00 a.m. 21 2. Watch Days 22 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 23 with the National Weather Service, will issue the Air Pollution Watch by 3:00 24 p.m. on the afternoon prior to the WATCH day. 25 b. Requirements 26 1) Begin work after 10:00 a.m. whenever construction phasing requires the 27 use of motorized equipment for periods in excess of 1 hour. 28 2) However, the Contractor may begin work prior to 10:00 a.m. if: 29 a) Use of motorized equipment is less than 1 hour, or 30 b) If equipment is new and certified by EPA as "Low Emitting", or 31 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 32 alternative fuels such as CNG. 33 E. Use of Explosives, Drop Weight, Etc. 34 1. When Contract Documents permit on the project the following will apply: 35 a. Public Notification 36 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 37 prior to commencing. 38 2) Minimum 24 hour public notification in accordance with Section 01 31 13 39 F. Water Department Coordination 40 1. During the construction of this project, it will be necessary to deactivate, for a 41 period of time, existing lines. The Contractor shall be required to coordinate with 42 the Water Department to determine the best times for deactivating and activating 43 those lines. 44 2. Coordinate any event that will require connecting to or the operation of an existing 45 City water line system with the City's representative. 46 a. Coordination shall be in accordance with Section 33 12 25. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 35 13 -4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 b. If needed, obtain a hydrant water meter from the Water Department for use 2 during the life of named project. 3 c. In the event that a water valve on an existing live system be turned off and on 4 to accommodate the construction of the project is required, coordinate this 5 activity through the appropriate City representative. 6 1) Do not operate water line valves of existing water system. 7 a) Failure to comply will render the Contractor in violation of Texas Penal 8 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 9 will be prosecuted to the full extent of the law. 10 b) In addition, the Contractor will assume all liabilities and 11 responsibilities as a result of these actions. 12 G. Public Notification Prior to Beginning Construction 13 1. Prior to beginning construction on any block in the project, on a block by block 14 basis, prepare and deliver a notice or flyer of the pending construction to the front 15 door of each residence or business that will be impacted by construction. The notice 16 shall be prepared as follows: 17 a. Post notice or flyer 7 days prior to beginning any construction activity on each 18 block in the project area. 19 1) Prepare flyer on the Contractor's letterhead and include the following 20 information: 21 a) Name of Project 22 b) City Project No (CPN) 23 c) Scope of Project (i.e. type of construction activity) 24 d) Actual construction duration within the block 25 e) Name of the contractor's foreman and phone number 26 f) Name of the City's inspector and phone number 27 g) City's after-hours phone number 28 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 29 A. 30 3) Submit schedule showing the construction start and finish time for each 31 block of the project to the inspector. 32 4) 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 is 34 delivered to all residents of the block. 35 H. 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 [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 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 I. 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 J. 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 personnel were present on Site. 32 K. 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 L. Employee Parking 37 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 35 13 - 6 SPECIAL PROJECT PROCEDURES 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 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 13 Revision Log DATE NAME SUMMARY OF CHANGE July 2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] Page 6 of 8 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 EXHIBIT A 2 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: to Mapsco Location: 11 Limits of Construction: 12 13 14 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 01 35 13 - 7 SPECIAL PROJECT PROCEDURES (To be printed on Contractor's Letterhead) Page 7 of 8 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 EXHIBIT B Date: FORT WORTH DOE HO. XXXX Project Herne: 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 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 [Insert Revision Date] BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 1 2 3 PART 1 - GENERAL 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) .Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION 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 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 30 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2013-26) GG01-539590-0202003 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water ' 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation - 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2013-26) GG01-539590-0202003 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2013-26) 0001-539590-0202003 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 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 1, 2011 BRIDGE REHABILITATON (2013-26) GG01-539590-0202003 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 SECTION 01 57 13 2 STORM WATER POLLUTION PREVENTION 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 6 A. Section Includes: 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 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 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 BRIDGE REHABILITATON (2013-26) 0001-539590-0202003 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 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 TXR150000 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) TXR150000 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 3125 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 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2013-26) GG01-539590-0202003 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 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 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 14 15 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATON (2013-26) GG01-539590-0202003 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 0158 13 z TEMPORARY PROJECT SIGNAGE 3 PART 1 - 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 PART 2 - 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 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oil] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 015813-3 TEMPORARY PROJECT SIGNAGE Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 2 SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. A listing of the approved products for use in the City 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is attached to this Section. 16 B. Only products specifically included on City's Standard Product List in these Contract 17 Documents shall be allowed for use on the Project. 18 1. Any subsequently approved products will only be allowed for use upon specific 19 approval by the City. 20 C. Any specific product requirements in the Contract Documents supersede similar 21 products included on the City' s Standard Product List. 22 1. The City reserves the right to not allow products to be used for certain projects even 23 though the product is listed on the City's Standard Product List. 24 D. Although a specific product is included on City's Standard Product List, not all 25 products from that manufacturer are approved for use, including but not limited to, that 26 manufacturer's standard product. 27 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 28 Standard Product List. 29 1.5 SUBMITTALS [NOT USED] 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 017423-1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 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. Donot burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 . END OF SECTION 9 10 DATE Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 2 3 PART 1 - GENERAL SECTION 01 77 19 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page 1 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 1. None, 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1, Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all' guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) 0001-539590-0202003 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 Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 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 0171 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 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 34 71 13 - 2 TRAFFIC CONTROL Page 2 of 6 1 1) Measurement for this Item shall be per week for the duration of use. 2 b. Payment 3 1) The work performed and materials furnished in accordance to this Item and 4 measured as provided under "Measurement" shall be paid for at the unit 5 price bid per week for "Portable Message Sign" rental. 6 c. The price bid shall include: 7 1) Delivery of Portable Message Sign to Site 8 2) Message updating 9 3) Sign movement throughout construction 10 4) Return of the Portable Message Sign post -construction 11 3. Preparation of Traffic Control Plan Details: SUBSIDIARY NO SEPARATE PAY 12 . Mo nt 13 14 b. Payment 15 1)`Rs: N ork performed and materials furnished in accordance with this Item 16 shall be paid for at tho zizit p,ioc bid per each "Traffic Control Detail" 17 prepared. 18 c. The price bid shall include: 19 1) Preparing the Traffic Control Plan Details 20 21 (TMUTCD) 22 3) Obtaining the signature and seal of a licensed Texas Professional Engineer 23 4) Incorporation of City cortrzzim 24 1.3 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 30 3. Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of 31 Transportation, Standard Specifications for Construction and Maintenance of 32 Highways, Streets, and Bridges. 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination 35 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to 36 implementing Traffic Control within 500 feet of a traffic signal. 37 B. Sequencing 38 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 39 approved by the City and design Engineer before implementation. 40 1.5 SUBMITTALS 41 A. Provide the City with a current list of qualified flaggers before beginning flagging 42 activities. Use only flaggers on the qualified list. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 34 71 13 -3 TRAFFIC CONTROL Page 3 of 6 1 B. Obtain a Street Use Permit from the Street Management Section of the Traffic 2 Engineering Division, 311 W. 10th Street. The Traffic Control Plan (TCP) for the 3 Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing set. 4 A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. 5 6 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional Engineer. 7 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 8 Specifications. The Contractor will be responsible for having a licensed Texas 9 Professional Engineer sign and seal the Traffic Control Plan sheets. 10 E. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 11 changes to the Traffic Control Plan(s) developed by the Design Engineer. 12 F. Design Engineer will furnish standard details for Traffic Control. 13 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS 21 2.1 OWNER -FURNISHED [ox] OWNER -SUPPLIED PRODUCTS [NOT USED] 22 2.2 ASSEMBLIES AND MATERIALS 23 A. Description 24 1. Regulatory Requirements 25 a. Provide Traffic Control Devices that conform to details shown on the 26 Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control 27 Device List (CWZTCDL). 28 2. Materials 29 a. Traffic Control Devices must meet all reflectivity requirements included in the 30 TMUTCD and TxDOT Specifications — Item 502 at all times during 31 construction. 32 b. Electronic message boards shall be provided in accordance with the TMUTCD. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GGO1-539590-0202003 34 71 13 -4 TRAFFIC CONTROL Page 4 of 6 1 2.3 ACCESSORIES [NOT USED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3 - EXECUTION 4 3.1 EXAMINATION [NOT USED] 5 3.2 PREPARATION 6 A. Protection of In -Place Conditions 7 1. Protect existing traffic signal equipment. 8 3.3 INSTALLATION 9 A. Follow the Traffic Control Plan (TCP) and install Traffic Control Devices as shown on 10 the Drawings and as directed. 11 B. Install Traffic Control Devices straight and plumb. 12 C. Do not make changes to the location of any device or implement any other changes to 13 the Traffic Control Plan without the approval of the Engineer. 14 1. Minor adjustments to meet field constructability and visibility are allowed. 15 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 16 1. Corrective action includes but is not limited to cleaning, replacing, straightening, 17 covering, or removing Devices. 18 2. Maintain the Devices such that they are properly positioned, spaced, and legible, 19 and that retroreflective characteristics meet requirements during darkness and rain. 20 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal 21 and state laws (by failing to furnish the necessary flagmen, warning devices, barricades, 22 lights, signs, or other precautionary measures for the protection of persons or property), the 23 Inspector may order such additional precautionary measures be taken to protect persons 24 and property. 25 F. Subject to the approval of the Inspector, portions of this Project, which are not affected by 26 or in conflict with the proposed method of handling traffic or utility adjustments, can be 27 constructed during any phase. 28 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 29 distance of drivers entering the highway from driveways or side streets. 30 H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may 31 be erected and mounted on portable supports. 32 .1. The support design is subject to the approval of the Engineer. 33 I. Lane closures shall be in accordance with the approved Traffic Control Plans. 34 J. If at any time the existing traffic signals become inoperable as a result of construction 35 operations, the Contractor shall provide portable stop signs with 2 orange flags, as 36 approved by the Engineer, to be used for Traffic Control. 37 K. Flaggers CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 347113-5 TRAFFIC CONTROL Page 5 of 6 1 1. Provide a Contractor representative who has been certified as a flagging instructor 2 through courses offered by the Texas Engineering Extension Service, the American 3 Traffic Safety Services Association, the National Safety Council, or other approved 4 organizations. 5 a. Provide the certificate indicating course completion when requested. 6 b. This representative is responsible for training and assuring that all flaggers are 7 qualified to perform flagging duties. 8 2. A qualified nagger must be independently certified by 1 of the organizations listed 9 above or trained by the Contractor's certified flagging instructor. 10 3. Flaggers must be courteous and able to effectively communicate with the public. 11 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 12 and follow the flagging procedures set forth in the TMUTCD. 13 5. Provide and maintain flaggers at such points and for such periods of time as may be 14 required to provide for the safety and convenience of public travel and Contractor's 15 personnel, and as shown on the Drawings or as directed by the Engineer. 16 a. These flaggers shall be located at each end of the lane closure. 17 L. Removal 18 1. Upon completion of Work, remove from the Site all barricades, signs, cones, lights 19 and other Traffic Control Devices used for work -zone traffic handling in a timely 20 manner, unless otherwise shown on the Drawings. 21 3.4 REPAIR I RESTORATION [NOT USED] 22 3.5 RE -INSTALLATION [NOT USED] 23 3.6 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 24 3.7 SYSTEM STARTUP [NOT USED] 25 3.8 ADJUSTING [NOT USED] 26 3.9 CLEANING [NOT USED] 27 3.10 CLOSEOUT ACTIVITIES [NOT USED] 28 3.11 PROTECTION [NOT USED] 29 3.12 MAINTENANCE [NOT USED] 30 3.13 ATTACHMENTS [NOT USED] 31 END OF SECTION 32 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 347113-6 TRAFFIC CONTROL Page 6 of 6 BRIDGE REHABILITATION (2013-26) GG01-539590-0202003 I I I I 11 11 FORT WORTH ,__Business Support TRANSPPRiAillom AND PUBLIC'WoRKs M s SS o iF iV ua._ ri:47*- hiAI! '41-"044—,A RC i`5.iiarA�• w r.``tbvui.r a�tilrreHr MBE REOUIRED DOCUMENTATION RECEIPT Official date and time 07-18-13 A10:39 IN Bid Date: n Project Name r/-1--eelx- f'Jcet,/41 Project Manager: Name: Company: Forms Submitted Bv: &R_ 7:)6//k/. aeot&e., i Forms Received Bv: GIBSON & ASSOCIATES, INC. Engineers and Contractors 11210 Ryliecrest P.O. Box 800579 Balch Springs, Texas 75180.0579 972/557-1199 FAX 557-1552 July 18, 2013 Ms. Brandy Crane Administrative Assistant Transportation and Public Works Department City of Ft Worth 1000 Throckmorton Street Ft. Worth, TX 76102 RE: Project: Bridge Repair and Rehab at 11 Locations (2013-26) Project No.: GG01-539590-0202003 County: Tarrant Dear Ms. Crane: SKILL AFOF AMEP�INTEGRITY SP�N518��'� Enclosed please find our Subcontractors/Suppliers Utilization Form and Letter of Intent to Perform as a Subcontractor/Subconsultant as requested on the above referenced project. If there are any questions regarding this matter, please call me. Very truly yours, GIBSON & ASSOCIATES, INC. 6-',.., Alltae-4> Pam Davis Contract Administrator K:Uobs\Bridge Rehab 11 Locations -Ft Worth\Subcontractor-Supplier Utilization Cover.doc ATTACHMENT IA Page 1 of 3 FORT WORTH PRIME COMPANY NAME: Gibson & Associates, Inc. City of Fort Worth Subcontractors/Suppliers Utilization Form PROJECT NAME: Bridge Repair & Rehabilitation at 11 Locations (2013-26) City's MIWBE Project Goal: 7% Check applicable block to describe prime M/W/DBE X NON-M/W/DBE BID DATE 7-11-13 Prime's M/WBE Project Utilization: PROJECT NUMBER 14.89% 2013-26 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev. 5/30/03 ATTACHMENT 'IA Page 2 of 3 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M W c X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T 0 B E E R 0 C T E A Omega Contracting, Inc. 1 X X Concrete Work $ 77,240.91 2518 Chalk Hill Rd. Dallas, TX 75212 214 689-3815 214 239-1970 Cross Roads LP 5012 David Strickland Rd Ft Worth, TX 76119 817 634-0044 817 634-0048 1 Scougal Rubber Corp. 1 885 Denmark Drive Suite 103 McCarran, NV 89434 775 284-8500 775 284-8501 Gary Crain, Inc. 103647 S. Hwy 99 Prague, OK 74864 405 567-4058 405 567-4684 Dustrol, Inc P.O. Box 1728 Roanoke, TX 76262 817 430-3958 817 491-3172 1 1 X Barricades $ 4,350.00 Bearing Pads $ 7,282.02 X Shotblasting $ 14,540.80 X Milling $ 7,760.00 Rev. 5/30/03 ATTACHMENT IA Page 3 of 3 FORT T� x Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 77,240.91 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 33, 932.82 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $111,173.73 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature (/ - President Title William J. Gibson Printed Signature Pam Davis — Contract Administrator Contact Name/Title (if different) Gibson & Associates, Inc. 972-557-1199 / 972-557-1552 Company Name Telephone and/or Fax P.O. Box 800579 Address Balch Springs, TX 75180-0579 City/State/Zip oamd(a aibsonassoc.net E-mail Address 7-18-13 Date Rev. 5/30/03 FORT WORTH DOE PROJECT BID NUMBER (Please check one) Minority/Women Business Enterprise Office LETTER OF INTENT TO PERFORM AS A SUBCONTRACTORISUBCONSIJLTANT [NOTE: Pursuant to the City of Fort Worth M/WBE Ordinance, MIWBE firms participating in the program must have current certification status with the City of Fort Worth prior to award of a contract where they are counted towards subcontracting participation. If the City of Fort Worth determines that a firm is not an eligible M/WBE firm for City of Fort Worth subcontracts, that firm should Immediately submit a completed certification application to the North Central Texas Regional Certification Agency (NCTRCA), 624 Six Flags Drive, Suite 216, Arlington, TX 76011.] 1. Name of ProJectBridge Renoir and Rehabilitation at 11 Locations 2. Name of offeror/prime contractor Gibson & Associates. Inc. 3. The undersigned is prepared to perform the following described work and/or supply the material listed in connection with the above project (where applicable specify "supply" or °Install" or both): Concrete Work omeGa Contracting (Name of MIWBE Firm) LUV SP impt.A. Circle one (6wne Authorized Agent of MIWBE firm) Type or Print Name 214 689-3815 (Phone Number) AFFIDAVIT OF PRIME CONTRACTOR at the price of $ 77.240.91 7-17-13 (Date) (Signature of Owner or IrorizetiAgentol NVBEfirm) 212 a . aiy— 59 I99 (Fax Number) I HEREBY DECLARE AND AFFIRM that I, William J. Gibson am the duly authorized representative of Circle one (OwnerlAuthorized Agent) Gibson & Associates. Inc. and that I have personally reviewed the material and Name of Prime Contractor facts set forth in Oils Letter of Intent to Perform. To the best of my knowledge, information and belief, the facts In this form are lure, and no material facts have been omitted. Pursuant to the City of Fort Worth MANBE Ordinance, any person [entity] who makes a false or fraudulent statement in connection with participation of a M/WBE in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth MIWBE Ordinance. I do solemnly swear or affirm that the signatures contained herein and the Information provided by the Prime Contractor are true and correct, and that I an authorized on behalf of the Prime Contractor to make the affidavit. William J. Gibson. President Gibson & Associates. Inc. Circle One (Owner/ Authorized Agent) T pe =ame (Signature of Owner or AutiiorizedAgent (Name of Prime Conlraclor-Print or Type) 7-17-13 (Date) 972-557-1199 972-557-1552 (Phone Number) (Fax Number) 05/19/03 HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 200E ( Air Tool Operator $10.06 ( Asphalt Distributor Operator I $13.99 Asphalt Paving Machine Operator $12,7$ Asphalt Raker $11.01 Asphalt Shoveler $ 8.80 Batching Plant Weigher $14.15 I Broom or Sweeper Operator $ 9.88 Bulldozer Operator $13.22 Carpenter $1 2.80 Concrete Finisher, Paving $12,85 Concrete Finisher, Structures $13.27 Concrete Paving Curbing Machine Operator 1 $12.00 Concrete Paving Finishing Machine Operator $13.63 Concrete Paving Joint Sealer Operator $12.50 Concrete paving Saw Operator $13.56 ( Concrete Paving Spreader Operator $14.50 Concrete Rubber $10.61 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator $14.12 Electrician $18.12 Flagger $ 8.43 Form Builder/Setter, Structures $11.63 ( Form Setter, PavinA & Curb $11.83 Foundation Drill Operator, Crawler Mounted $13.67 Foundation Drill Operator, Truck Mounted $16.30 Front End Loader Operator $12.62 Laborer, Common $ 9.18 Laborer, Utility $10.65 Mechanic $16.97 Milling Machine Operator, Fine Grade $11,83 Mixer Operator $11.58 Motor Grader Operator, Fine Grade $15.20 Motor Grader Operator, Rough $14.50 Oiler $14.98 Painter, Structures $13,17 Pavement Marking Machine Operator $10.04 Pieelayer $11,04 Reinforcing Steel Setter, Paving 1 $14.86 Reinforcing Steel Setter, Structure 1 $16,29 Roller Operator, Pneumatic, Self -Propelled 1 $11.07 Roller Operator, Steel Wheel, Flat Wheel/Tamping ( $10.92 Roller Operator, Steel Wheel, Plant Mix Pavement ( $11.28 Scraper Operator 1 $11.42 Servicer 1 $12.32 ( Slip Form Machine Operator $12.33 ( Spreader Box Operator $10.92 Tractor Operator, Crawler Type 1 $12.60 Tractor Operator, Pneumatic 1 $12.91 ( Travelinpl Mixer Operator 1 $12.03 Truck Driver, Lowboy -Float 1 $14.93 Truck Driver, Single Axle, Heavy $11,47 Truck Driver, Sin le Axle, Light ( $10.91 Truck Driver, Tandem Axle, Semi -Trailer 1 $11.75 Truck Driver, Transit -Mix 1 $12.08 ( Wagon Drill, Boring Machine, Post 1-Tole Driller Operator 1 $14.00 ( Welder 1 $13.57 ( Work Zone Barricade Servicer 1 $10.09 AP-1 Bridge Locations, Quantity Summaries, Plans and Details THE CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS BRIDGF RKPAIR AND RHHAB1LiTATION AT 11 LOCATI0NS SENDERA RANCH BLVD BRIDGE (OVER TRIB HENRIETTA CREEK) E LONG AVE BRIDGE (OVER BNSF RR/NE 33RD ST) E ALLEN AVE BRIDGE (OVER EPPS AVE/BN & SF UPRR) BRYANT IRVIN RD 2 BRIDGES (OVER CLEAR FORK RINITY RIVER) HULEN ST BRIDGE (OVER TRIB CLEAR FORK TRINITY RIVER) OLD HEMPHILL ST BRIDGE (OVER TRIB TO SYCAMORE CREEK) Fck ansom t '..River Oaks' While IAlestIra}n Settierne . tiMpoe' Benbronk CzanTbUeTr l 6Ilin),10314'rd E � Ir• ' >+ ralattg Li Fart Wo6f DagR3rk.!: Ever an "' } LOCATION MAP N.T.S. t3I Bob Ji111�5 :. �-- a Chishnin Park` EC ll Ran tuli(I- 4 ver Park Southwest Arlington, 4N H e ?A i. ©2011 Google Maps TRANSPORTATION & PUBLIC WORKS MAY 2013 GREAT SW PARKWAY BRIDGE (OVER LITTLE FOSSIL CREEK) MEACHAM BLVD BRIDGE (OVER LITTLE FOSSIL CREEK) SAND ST BRIDGE (OVER TRIB TO W FORK TRINITY) CHRISTOPHER DR BRIDGE (OVER TRIB OF VILLAGE CREEK) FREESE ?NICHOLS 4055 International Plaza, Suite 200 Fort Worth, TX 76109-4895 Phone - (817) 735-7300 Fox - (817) 735-7491 Web - www.freese.com Office: Fort Worth F1W13129 Dole, Jun. 11, 2013 - 110917 AM User KAC Filet Ni\st\Pockoge 2\st-of-gn-cover.sht FTW 13129 34Border•Bridge•20.dgn BRIDGE BR(NSAP AP* CHRISTOPHER DR GREAT SW PKWY HULEN ST SB SENDERA RANCH BLVD E LONG AVE SAND ST MEACHAM BLVD BRYANT IRVIN RD NB BRYANT IRVIN RD SB OLD HEMPHILL ST E ALLEN AVE QUANTITY TOTAL SUMMARY OF ESTIMATED QUANTITIES 0135 0101 ITEM 495-2001 ITEM 495-2001 ITEM 104-2039 ITEM 104-2027 ITEM 104-2024 ITEM 420-2003 ITEM 420-2008 ITEM 403-2001 ITEM 780-2001 ITEM 446-2041 ITEM 434-2024 ITEM 434-2030 ITEM 438-2009 REMOVE CONC ELASTOMERIC LAMINATED RAILROAD RAISING EXIST RAISING EXIST (ABUTMENT REMOVE CONC REMOVE CONC CL C CONC CL C CONC TEMP SPECIAL EPDXY INJECTION CLEAN & PAINT BEARING ELASTOMERIC CLEAN AND SEAL COORDINATION STRUCT STRUCT BACKWALL) (APPR SLAB) (RETAINING WALLS) (ABUT) (WINGWALL) SHORING (TY IX) EXIST STR (SPECIAL) BEARING EXIST JOINTS (LS) (LS) (LS) (CY) (SY) (SY) (CY) (CY) (EA) (LF) (SYSTEM III) (LS) (EA) (EA) (CL-7) (LE) 220-ZC44-75-001 220-ZG69-75-002 220-ZH85-00-003 220-ZS28-20-001 220-ZL67-40-005 1 1 220-ZS09-50-001 220-AM42-58-003 220-ZB83-00-003 1 220-ZB83-00-004 220-ZH41-50-001 220-ZA23-05-001 1 1 BRIDGE BRINSAP AP# 2 1 2 2 2 187 2 2 187 2 2 1 1 20 50 45 100 37 9 600 1 20 1 50 9 782 ITEM 454-2001 ITEM 401-2001 ITEM 110-2001 ITEM 420-2033 ITEM 429-2007 ITEM 429-2007 ITEM 429-2008 ITEM 429-2008 ITEM 354-2001 ITEM SS7097 ITEM 432-2019 ITEM 429-2009 SEALED EXPANSION JOINT (4 IN) (SEJ-A)(LF) FLOWABLE BACKFILL (CY) EXCAVATION CL S CONC CNC STR REP CNC STR REP CNC STR REP CNC STR REP (ROADWAY) (APPR SLAB) (HORIZONTAL) (HORIZONTAL) (VERTICAL OR (VERTICAL OR (CY) (CY) (SF) (LS) OVERHEAD) (SF) OVERHEAD) (SF) PLAN & TEXT ASPH CONC PAV (0" TO 1/4") (SY) RIPRAP (STONE CNC STR REP MULTIPLE -LAYER PROTECTION) (BROG DECK) EPDXY CONCRETE (121N) (PARTIAL DEPTH) OVERLAY (SY) (CY) (SF) CHRISTOPHER DR 220-ZC44-75-001 GREAT SW PKWY 220-ZG69-75-002 1 16 6 HULEN ST SB 220-ZH85-00-003 9 SENDERA RANCH BLVD 220-ZS28-20-001 4 27 E LONG AVE 220-ZL67-40-005 SAND ST 220-ZS09-50-001 135 MEACHAM BLVD 220-AM42-58-003 2 16 BRYANT IRVIN RD NB 220-ZB83-00-003 4 194 194 BRYANT IRVIN RD SB 220-ZB83-00-004 OLD HEMPHILL ST 220-ZH41-50-001 1 E ALLEN AVE 220-ZA23-05-001 105 170 170 61 75 4350 QUANTITY TOTAL 105 171 170 61 101 1 135 15 194 4544 27 16 CITY OF FORT WORTH, TEXAS STRUCTURAL 01 B > U • M0 = Y C> a i 3 QC m 4 Q Z z 6 v.. LLJ f-- z D 0 ESTIMATED r m SEQ. 2. 2 ST-ALL-OA-EST00 Office: Fort Worth F1W13129 Dole: Jun.11. 2013 - 1119:20 AM User: KAC File: N:\st\Pockoge 2\ST-ALL-OA-EST002.dgn Q E LONG AVE REPLACE NUTS ON 11/4" BOLTS (FV, TYP OF 20) BRYANT IRVIN RD CLEAN WELD ON BEAM 2C (APPROXIMATELY 10' FROM N ABUT) REMOVE RUST FROM BOTTOM FLANGES OF BEAMS 3,4, & 5 AND REPAINT (APPROXIMATELY 10' FROM N ABUT )0 (WEST BOUND) RESEAL JOINT 10 C / / •\ / / / / / / / r / / / / / / / (EAST BOUND) / REPAIR SPALLED BEAM END (RE= CONCRETE REPAIR DETAILS ON GREAT SOUTHWEST PKY AND HULEN ST BRIDGE REPAIR SHEET) REPLACE BEARINGS AT ALL ABUTMENTS & BENTS ON NORTH BOUND BRIDGE ONLY. MATCH EXISTING BEARING PAD DIMENSIONS. 1 (5 BEAMS A EACH LOCATION, TOTAL OF 50) Q ABUT 1 RESET ROCKER PIN ON BEAM 1 10 C. BEAM 5 Q BEAM 1 MISSING COTTER PINS (TYP OF 3) BEAMS 1, 3, & 4 BEAM 1 Q BEAM 5 NOTES: 1. SUBSTRUCTURE & RAILING NOT SHOWN. E LONG AVE PLAN NOT TO SCALE \ BEAM 1 \ BENT 2 C BEAM 5 BENT 3 NOTES= 1. SUBSTRUCTURE & RAILING NOT SHOWN. BRYANT IRVIN RD PLAN NOT TO SCALE 1- C BENT 4 GENERAL NOTES: 1. PRIOR TO CONSTRUCTION, CONTRACTOR SHALL SUBMIT LAYOUT OF TEMPORARY SHORING AND/OR JACKING SEQUENCE FOR APPROVAL AND PROVIDE STRUCTURAL CALCULATIONS BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF TEXAS TO THE ENGINEER AS RECORD DATA FOR NORTH ABUTMENT AT WEST BOUND BRIDGE. 2. ONE LANE CLOSURE ALLOWED ANYTIME. COMPLETE BRIDGE CLOSURE TO TRAFFIC ALLOWED FROM 1OPM TO 6AM ONLY. CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLAN FOR APPROVAL. TRAFFIC CONTROL COST IS SUBSIDIARY TO THE REPAIR COST. 3. COTTER PIN SHALL BE 3/B"b LOW CARBON STEEL WITH EXTENDED PRONG, FINISH ZINC PLATED, AND MEETS ANSI/ASME 618.8.59. MINIMUM LENGTH OF 4". COST OF COTTER PINS AND NUTS ARE SUBSIDIARY TO THE REPAIR COST. 4. CONTRACTOR SHALL NOTIFY THE CITY IF MORE COTTER PINS ARE MISSING. 10 CONTRACTOR SHALL JACK UP BEAM 1 PRIOR TO RESETTING ROCKER PIN. ROCKER PIN SHALL NOT BE DAMAGED DURING RESETTING PROCESS. AFTER BEAM IS LOWERED, RESEAL JOINT AT NORTH ABUTMENT ON WEST BOUND BRIDGE. 02 BLAST CLEAN SPECIFIED LOCATIONS PER TXDOT ITEM 446 (SYSTEM III). PRIME, THEN REPAINT WITH MATCHING PAINT COLOR. BEAMS 1 - 4, MISSING COTTER PINS (TYP OF 5, BEAM 4 MISSING BOTH) NEOPRENE COMPRESSION SEAL TO BE REPLACED \ (SOUTH BOUND BRIDGE ONLY) REPLACE OVERLAY ON 2ND SPAN FROM ABUTMENT 6 (NORTH BOUND BRIDGE ONLY) WITH MULTIPLE -LAYER EPDXY CONCRETE OVERLAY (RE: TXDOT SS 7097)OZ C (SOUTH BOUND) C GENERAL NOTES: 1. PRIOR TO CONSTRUCTION, CONTRACTOR SHALL SUBMIT LAYOUT OF TEMPORARY SHORING AND/OR JACKING SEQUENCE FOR APPROVAL AND PROVIDE STRUCTURAL CALCULATIONS BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF TEXAS TO THE ENGINEER AS RECORD DATA FOR NORTH BOUND BRIDGE. 2. ONE LANE CLOSURE ALLOWED ANYTIME. COMPLETE BRIDGE CLOSURE TO TRAFFIC ALLOWED FROM 10PM TO 6AM ONLY. CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLAN FOR APPROVAL. TRAFFIC CONTROL COST IS SUBSIDIARY TO THE REPAIR COST. 3. CONTRACTOR SHALL NOTIFY THE CITY IF MORE LOCATIONS WITH SPALLING ARE FOUND AT BEAM ENDS AND PROVIDE REPAIR. REFER TO GREAT SOUTHWEST PARKWAY & HULEN ST BRIDGE REPAIR SHEET FOR DETAILS ON CONCRETE REPAIR. (NORTH BOUND) Q ABUT 6 10 REFER TO THE ATTACHED AS BUILT DRAWING FOR EXISTING BEARING PAD DIMENSIONS. CONTRACTOR SHALL NOT DAMAGE THE DOWELS IN EXTERIOR BEAMS DURING REMOVAL OF EXISTING BEARING PADS. PROVIDE SLOTTED HOLE IN NEW BEARING PADS IN TRANSVERSE DIRECTION IN ORDER TO SLIDE INTO POSITION AROUND THE EXISTING DOWELS. 02 CONTRACTOR SHALL NOT DAMAGE EXISTING DECK DURING REMOVAL OF EXISTING OVERLAY. REFER TO TXDOT ITEM 354 FOR REMOVING EXISTING OVERLAY. USE MANUAL SYSTEM FOR PRECISE OVERLAY REMOVAL. — REPAIR SPALLED BEAM END (RE: CONCRETE REPAIR DETAILS ON GREAT SOUTHWEST PKWY & HULEN ST BRIDGE REPAIR SHEET) CITY OF FORT WORTH, TEXAS m S(iEeT SEQ. 0 z ch- zQ Qa_ >-- 5 CC m D W �o25C� (n o W Q Q cc 0 z 0 J W ' Y Y > o 0 0 o 0 U 3 V oc c° 2LU c Li c c d c0 °� c ° d ` « o�v ° ` L m o.. to U r 10 >o Office: Fort Worth F1W13129 Dote: Jun. 11, 2013 - 11:1922 AA1 User KAC Het N-\st\Footage 2\st-Itrr-pl-CrdglO,dgn CLEAN AND RESEAL ABUTMENTS (TYP OF 4) SPALLED CURB TO BE REPAIRED - C OLD HEMPHILL RD C MEACHAM BLVD APPROXIMATE LOCATION OF DAMAGED RAIL ON EAST SIDE W ABUTMENT MEACHAM BLVD PLAN 1 S ABUTMENT NOT TO SCALE CONCRETE TRAFFIC RAIL CONCRETE TRAFFIC RAIL C N ABUTMENT OLD HEMPHILL RD BRIDGE PLAN NOT TO SCALE SPALLED CURB TO <///r— BE REPAIRED PARTIAL DEPTH DECK REPAIR (8'-0"x2'-0") E ABUTMENT CLASS 7 SEALANT (SEALANT SHALL CONFORM TO DMS-6310)® GENERAL NOTES: 1. ONE LANE CLOSURE ALLOWED ANYTIME. COMPLETE BRIDGE CLOSURE TO TRAFFIC ALLOWED FROM 10PM TO 6AM ONLY. CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLAN FOR APPROVAL. TRAFFIC CONTROL COST IS SUBSIDIARY TO THE REPAIR COST. 2. CONTRACTOR SHALL NOTIFY THE CITY IF MORE LOCATIONS WITH SPALLING ARE FOUND. REFER TO GREAT SOUTHWEST PARKWAY & HULEN ST BRIDGE REPAIR SHEET FOR DETAILS ON REPAIRING SPALLED CURB. 3. REFER TO TXDOT ITEM 429 FOR PARTIAL DEPTH DECK REPAIR. 4. CLEAN EXISTING EXPANSION JOINT THOROUGHLY AND INSTALL NEW EXPANSION JOINT. JOINT OPENING (FV)® COMPRESSIVE JOINT MATERIAL 10 REMOVE AND BLAST CLEAN EXISTING EXPANSION JOINT BEFORE INSTALLING SEALANT. 02 PLACE SEALANT WHILE AMBIENT TEMPERATURE IS BETWEEN 55°F AND 80° F AND IS RISING. EXPANSION JOINT REPAIR DETAIL NOT TO SCALE C INTERMEDIATE POST 4-6'-0" (FV) GENERAL NOTES: 1. NO BRIDGE CLOSURE ALLOWED. 2. CONCRETE SHALL BE CLASS C (F'c•3600 PSI) 3. REINFORCING SHALL BE GRADE 60. INTERMEDIATE POST EXISTING CONCRETE RAIL CONTRACTOR TO THOROUGHLY CLEAN SOCKET BEFORE CONCRETE POUR ±6'-0" (FV) EAST RAIL REPAIR NOT TO SCALE END POST 0 S ABUT PROPOSED CONCRETE RAIL REPAIR #3 LOOP 0 12" C/C 4-#3 1—1 %Z' CLR (TYP) rn � c9 ol�(W *6" (FV1 MATCH EXISTING SECTION A -A NOT TO SCALE CITY OF FORT WORTH, TEXAS W a o2 m M ' n _ C.)• Y c{ . M N Y > L- a a w rc i 4 'SHEET SEQ. 11.4 of Office= Fort Worth F1W13129 Date Jun. 11. 2013 - th19•23 AM User: KAC Fle, \st\Package 2\st-ftw-pl-brdgll.dgn BEGINNING OF BRIDGE CHRISTOPHER DR CRACKS IN WINGWALL TO BE EPDXY INJECTED (RE: GENERAL NOTE #3) EXISTING CULVERT (FV) o /w�� �CONST iN U , JT PLAN NOT TO SCALE 1; EXISTING 48"0 (ID) RCP #4 BARS (2'-0", TYP OF 6) W/ SIM EMBEDMENT (4) BARS M 0 3 EQ SPA EXISTING WINGWALL T/FOOTING -BARS L (TYP OF 6), PROVIDE 9" MIN EMBEDMENT INTO EXISTING 7" CULVERT WALL W/ HILTI RE 500-SO EPDXY ADHESIVE OR APPROVED EQUAL. NOTES: 1. FOOTING NOT SHOWN FOR CLARITY. WALL REPAIR ELEVATION NOT TO SCALE END OF BRIDGE VARIES (FV & MATCH EXIST.) WIDTH OF F UU I ING 7" VARIES (FV & MATCH EXIST.) T/k(ALL (MATCH EXISTING) J oa z} CONST. JOINT BARS F DEPTH OF TOEWALL (FV)\ #4 BAR (1'-B") SPLICED TO #4 BAR (1'-9") EMBEDDED TO EXISTING TOE WALL ON EACH SIDE WINGWALL SEPARATED FROM CULVERT TO BE REPAIRED. SHORE BACKFILL DURING CONSTRUCTION (RE1 WALL REPAIR DETAILS) SAWCUT EXISTING WINGWALL, THEN POUR NEW CONCRETE AFTER PLACEMENT OF NEW REBARS. CONSTRUCTION JOINT NOTE: 1. HEADWALL AND FOOTING NOT SHOWN FOR CLARITY. L, T CLR ( (TYP, UNO) #4 BARS & BARS L 0 5 EQ SPA. In wj w BARS M T/FOOTING (MATCH EXISTING) #4 BARS 3 EQ SPA. w Of- tr >1—t/1 > �>w SECTION A -A (REPAIR) NOT TO SCALE EXISTING 7" CULVERT WALL BARS L (TYP OF 6), PROVIDE 9" MIN EMBEDMENT INTO EXISTING 7" CULVERT WALL W/ HILTI RE 500-50 EPDXY ADHESIVE OR APPROVED EQUAL. #4 BARS (2'-0", TYP OF 6) PROVIDE 9" MIN. EMBEDMENT INTO EXISTING WINGWALL W/ HILTI RE 500-SD EPDXY ADHESIVE OR APPROVED EQUAL. (4) BARS M 0 3 EQ SPA EXISTING WINGWALL WALL REPAIR PLAN NOT TO SCALE (n w cc > GENERAL NOTES: 1. CONTRACTOR SHALL VERIFY AND COORDINATE WITH ALL UTILITIES IN THE AREA PRIOR TO CONSTRUCTION. 2. CONTRACTOR SHALL SHORE AND STABILIZE BACKFILL DURING NE WINGWALL CONSTRUCTION. REFER TO TXDOT ITEM 403 - TEMPORARY SPECIAL SHORING. 3. REFER TO TXDOT ITEM 780 FOR EPDXY INJECTION. 4. ONE LANE CLOSURE ALLOWED ANYTIME. COMPLETE BRIDGE CLOSURE ALLOWED FROM 10PM TO 6AM ONLY. CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLAN FOR APPROVAL. TRAFFIC CONTROL COST IS SUBSIDAIRY TO THE REPAIR COST. 5, APPLY PENETRATING CORROSION INHIBITOR ON CONCRETE SURFACES, SIKA FEROGARD 903 OR APPROVED EQUAL, AROUND THE REPAIRED LOCATION PER MANUFACTURER'S RECOMMENDATION. COST OF CORROSION INHIBITOR SHALL BE SUBSIDIARY TO THE REPAIR COST. 6. NEW CONCRETE SHALL BE CLASS C (F'C-3600 PSI) 7. NEW REINFORCING BARS SHALL BE GRADE 60. 8. CHAMFER ALL EXPOSED CORNERS )'4". (4) M BARS c0 EQ SPA LIMIT OF CONCRETE FOOTING REMOVAL 2'-0" z o- w Wa tV V... T :i.g„mil 4 BARS (1'-8") (m 3 EQ SPA (TOTAL OF 4) #4 BARS (1'-9") 0 3 EQ SPA (TOTAL OF 8) W/ 9" MIN EMBEDMENT INTO EXISTING FOOTING WITH HILTIRE 500-SD EPDXY ADHESIVE OR APPROVED EQUAL. TOE WALL (4) F BARS 0 EQ SPA NOTES= 1. #4 LONGITUDINAL BAR IN TOE WALL NOT SHOWN FOR CLARITY. THE EMBEDMENT INTO EXISTING TOE WALL SIM TO THOSE INTO EXISTING FOOTING. FOOTING REPAIR PLAN NOT TO SCALE VARIES (FV, WIDTH OF FOOTING-4") (FV, DEPTH OF TOE WALL-5") BARS F (#4) NOT TO SCALE 0) 615/16 (FV ANGLE) 12 BARS L (#4) NOT TO SCALE VARIES (FV) 2'-01/2" MAX BARS M (# 4) NOT TO SCALE CITY OF FORT WORTH, TEXAS S+EET CC 0_ W CC w Qj U J0H (1) W 0- 0CI I-- (r) U o 6, t ac _ SEQ. Office, Fort Worth F0W13129 Dole, Jun. 11,2013 - 11,1925 AM User, KAC Re. N,\st\Dockage 2\st-Ilw-pl-brdgl2.dgn - -- - -- - - --- "----"-- - "' - ---'"— - - 4, ;t ,1 11 (� 11 , ,1 „ 11 „ „ 11 U M 1t 1 „ 1t ,1 ,1 „II 11 II 1 „ ,1 1 1, 1t 1t 11 „ ,1 11 ,1 1 1 11 11 I, 1l 11 VI,N VI11 , 11 11 ,1 11 11 1, 11 1, 1, „, 11 „ 11 \1 ,1„ 1\ 11 11 111 „ 1 11 „ \1 II 11 11 1, 1 1\ 1\ 11 ,1 1, i1 11 ,1 ,111 XI 11,\ ,\ ,1 ,t 4 „ 11 1\ 1\ \, 1t, 1t 11 11 ,1 „ 1\ C SENDERA RANCH BLVD 1, 1\ 1\ \\ 11 ,1 ,\ „ t1 „ 611 1„ ;1, 11 11 „ ,1- (T -,III , - K h - \ 1, 11 1\ „ 1,1 1t „ 11 IX „ 1 11 1X It IV 11 II tX 111, ' `1 111 11„ 1 JS 'ix_A,~] JLr ll 1L 1 iG i'=k,,,-?` L`. l >i;n 11 r`,~n`,, „,,,Av...-'c L1,. :J4,,,„" :: %1, A -4-) C N ABUT SPALLED SOUTHWEST WINGWALL TO BE REPAIRED (RE: TYP CONCRETE SPALL & CRACK REPAIR DETAILS) LIMIT OF 12" IN-PLAC PROTECTION RIPRAP �1 5 ABUT SENDERA RANCH BOULEVARD CULVERT PLAN NOT TO SCALE SAND STREET W ABUT 11 II I II II 11 II 11 II II E ABUT SAND STREET CULVERT REPAIR PLAN NOT TO SCALE 0lficet Fort Worth 91W13129 Dote, Jun. 11, 2013 - 11,19,26 AM User, KAC FIe: NAM \Pockage 2\st-ftw-pl-brclg13.dgn CONCRETE STRUCTURE 12" IN -PLACE PROTECTION ROCK RIPRAP, MATCH TOP ELEVATION W/ EXISTING GRADE. O OOo O �V (S)VO +3,-0„ (VARIES, FV) SECTION A -A NOT TO SCALE EXISTING GRADE 1 TYPE 2 FILTER FABRIC PER DMS-6200 (g 0 REFER TO TXDOT ITEM 432 FOR REQUIREMENTS FOR 12" IN -PLACE PROTECTION RIPRAP. 20 CONTRACTOR SHALL PLACE FILTER FABRIC AGAINST ALL EXISTING SOIL PRIOR TO ROCK PLACEMENT. FILTER FABRIC COST IS SUBSIDIARY TO PAY ITEM 432. REPAIR SPALLED CONCRETE (BOTTOM SIDE OF TOP SLAB) W/ EXPOSED REBAR (RE: TYPICAL CONCRETE SPALL & CRACK REPAIR DETAILS) GENERAL NOTES: 1. NO LANE CLOSURE ALLOWED ANY TIME. 2. CONTRACTOR SHALL REMOVE ALL LOOSE CONCRETE AND CLEAN RUSTED REBAR PER TXDOT SPECIFICATION ITEM 429. 3. APPLY PENETRATING CORROSION INHIBITOR ON CONCRETE BEAM SURFACE, SIKA FERROGARD 903 OR APPROVED EQUAL, AROUND THE REPAIR LOCATION PER MANUFACTURER'S RECOMMENDATION. COST OF CORROSION INHIBITOR SHALL BE SUBSIDIARY TO THE REPAIR COST. 4. CONTRACTOR SHALL NOTIFY THE CITY IF MORE SPALLED AREAS ON THE BRIDGE ARE PRESENT. LIMITS OF REPAIRED SPALL LIMITS OF SPALLED SURFACE -.. 90 DEGREE MINIMUM (TYP) TYPICAL CONCRETE SPALL & CRACK REPAIR PLAN NOT TO SCALE CONCRETE SURFACE PARTIALLY EXPOSED AFTER NOTE 1 REBAR (NOTE 2) EXISTING CONCRETE EXISTING SPALLED CONCRETE SURFACE PRIOR TO NOTE 1 PLACE BONDING AGENT (SIKA ARMATEC 110 EPOCEM OR APPROVED EQUAL) ON SOUND CONCRETE & REINFORCEMENT SURFACES REPAIR MORTAR (NOTE 4) SURFACE OF CONCRETE (NOTE 5) TYPICAL CONCRETE SPALL & CRACK REPAIR SECTION NOT TO SCALE DETAIL NOTES: 1. SAW CUT PERIMETER OF SPALLED AREA. REMOVE CONCRETE WITHIN CUT PERIMETER AS REQUIRED TO PROVIDE A Y2" MINIMUM REPAIR DEPTH. REMOVE ALL UNSOUND CONCRETE. CLEAN REBAR OF CORROSION AND CONTAMINATES USING MECHANICAL MEANS. ANY REBAR WITH MORE THAN 25Z SECTION LOSS SHALL BE REPLACED WITH NEW REBAR. 2. IF ANY REBAR HAS MORE THAN HALF ITS CROSS-SECTION EXPOSED, THEN REMOVE CONCRETE FROM AROUND THE BAR TO A MINIMUM DEPTH OF %Z'. 3. CRACKS IN SOUND CONCRETE, THAT EXTEND OUT FROM THE SPALLED AREA TO BE REPAIRED, SHALL BE PRESSURE INJECTED WITH HIGH STRENGTH, LOW VISCOSITY EPDXY. USE SIKADUR 35, HI -MOD LV, OR APPROVED EQUAL. PROVIDE SUPPORT PRODUCTS AND CRACK PREPARATION AS RECOMMENDED BY MANUFACTURER. 4. REPAIR MORTAR SHALL BE SIKATOP 123 PLUS, OR APPROVED EQUAL. PREPARE, INSTALL, INSTALL IN MULTIPLE LIFTS, FINISH, AND CURE AS RECOMMENDED BY MANUFACTURER. 5. FINISHED SURFACE TEXTURE SHALL MATCH EXISTING FINISH TEXTURE. CITY OF FORT WORTH, TEXAS CONTRACT MAINTENANCE M N Y m o p 4 Q w w U W o 0 Sher SEO. E ALLEN AVE ABUT1 BEAM 1 — REMOVE ALL LOOSE CONCRETE ON BACK WALL AND PATCH PER CONCRETE REPAIR DETAIL ON HULEN ST BRIDGE SHEET (APPROXIMATE REPAIR AREA OF 60 SF). C BENT2 KEEP EXP JT ON BRIDGE SIDE RESEAL JT BEARINGS TO BE REPLACED (TYP OF 9) BEAM 9 REPLACE BACKWALL (RE: BACKWALL REPAIR DETAIL) / C ABUT 12 15° 00'00" SKEW (FV) NOTES: 1. REINFORCING IN PAVEMENT NOT SHOWN. PROVIDE MULTIPLE -LAYER EPDXY CONCRETE OVERLAY ON ENTIRE BRIDGE SLAB. (RE: TXDOT SPECIAL SPECIFICATION SS7097) r BENT3 20'-0" REPLACE EXP JT W/ ARMOR .DINT IN APPROACH SLAB (RI:: AJ(SEALED)) / r.. / / / \\"\\\ \\\"\\\\\\ \\\\\\\ \\\\\:\\ 1\'_"\\\\\\\:\\\\\\\\\\ r r r r r r BENT4 C BENTS I BENT6 BENT7 I BENTS C BENT9 BENT REPLACE BACKFILL W/ FLOWABLE FILL ABUTMENT 12 REPAIR PLAN NOT TO SCALE o♦ 011ie, Fort worth FTY113129 SEAL EXISTING JOINT PRIOR TO OVERLAY. CONTRACTOR SHALL KEEP OVERLAY MATERIAL OUT OF THE EXISTING JOINTS. (TYP OF 12) E ALLEN AVE PLAN NOT TO SCALE REPLACE ENTIRE APPROACH SLAB (RE: BAS-C) EXISTING PAVEMENT NEW PAVEMENT INSTALL NEW EXP JT (RE: SEJ-A) NEW APPROACH SLAB BARS V2 P 1'-0" SPA PROVIDE SIM EMBEDMENT AS BARS V 21/" MIN T/EXISTING BACKWALL EXISTING CAP CONST JT (SAWCUT BACKWALL) J A 15'-0" z T/NEW BACKWALL REPAIR EAST ABUTMENT (RE: ABUTMENT 12 REPAIR DETAIL) BENT11 FV MATCH EXISTING SLOPE / LIMIT OF SAWCUT NOTES: 1. REMOVE EXISTING BACKWALL AND CLEAN SURFACE PRIOR TO POURING NEW BACKWALL. SAWCUT EXISTING APPROACH SLAB a 0 7 0 z EXISTING BACKWALL TO REMAIN SECTION B-B NOT TO SCALE SPLICE ABUT12 CONST JT (SAWCUT BACKWALL) I 6" EXISTING WINGWALL BARS V tam 1'-0" SPA. PROVIDE 1'-0" MIN EMBEDMENT INTO EXISTING CAP W/HILTI RE 500-SD EPDXY ADHESIVE OR APPROVED EQUAL. O #4 BAR (5 ROWS, TOTAL OF 10) W/ SIM EMBEDMENT (6") INTO EXISTING WINGWALL SPLICE W/ BARS H FOR 1'-0". GENERAL NOTES: 1. PRIOR 70 CONSTRUCTION, CONTRACTOR SHALL SUBMIT LAYOUT OF TEMPORARY SHORING AND/OR JACKING SEQUENCE FOR APPROVAL AND PROVIDE STRUCTURAL CALCULATIONS BY A PROFESSIONAL ENGINEER LICENSED IN THE STATE OF TEXAS TO THE ENGINEER AS RECORD DATA FOR EAST ABUTMENT, 2. ONE LANE CLOSURE ALLOWED ANYTIME, COMPLETE BRIDGE CLOSURE TO TRAFFIC ALLOWED FROM 1OPM TO 6AM ONLY. CONTRACTOR SHALL SUBMIT TRAFFIC CONTROL PLAN FOR APPROVAL. TRAFFIC CONTROL COST IS SUBSIDIARY TO THE REPAIR COST. 3. SLAB SHALL BE CLEANED AND PREPARED PRIOR TO OVERLAY PER REQUIREMENTS SHOWN IN TXDOT SS7097 4, ABUTMENT CONCRETE SHALL BE CLASS C (F'c•3600 PSI). APPROACH SLAB CONCRETE SHALL BE CLASS S (F'c•4000 PSI). 5. REINFORCING SHALL BE GR 60. 6, APPLY PENETRATING CORROSION INHIBITOR ON REPAIRED CONCRETE SURFACE, SIKA FERROGARD 903 OR APPROVED EQUAL, AROUND THE REPAIR LOCATION PER MANUFACTURER'S RECOMMENDATION. COST OF CORROSION INHIBITOR SHALL BE SUBSIDIARY TO THE REPAIR COST. C EXP JT PROVIDE COVER OVER JOINT PRIOR TO OVERLAY. AFTER OVERLAY HARDENS, REMOVE COVER AND SEAL EXISTING JOINT TO MATCH TOP OF OVERLAY. PROPOSED OVERLAY - EXISTING SLAB TYPICAL EXPANSION JOINT COVER DETAIL NOT TO SCALE BARS H (#4) (5 ROWS, TOTAL OF 10) PROVIDE 9" MIN EMBEDMENT INTO EXISTING BACKWALL W/HILTI RE 500-SD EPDXY ADHESIVE OR APPROVED EQUAL, BACKWALL REPAIR - ELEVATION NOT TO SCALE COMPRESSIVE JOINT FILLER (9") NEW APPROACH SLAB NOTES: 1. REFER TO BAS-C FOR REINFORCING IN APPROACH SLAB. 2, COST OF COMPRESSIVE JOINT FILLER IS SUBSIDIARY TO THE BRIDGE REPAIR COST. - EXPANSION JOINT (RE: SEJ-A) --#5 0 12" T&B W/ 9" MIN EMBEDMENT INTO EXISTING PAVEMENT W/HILTI RE 500-S0 EPDXY ADHESIVE OR APPROVED EQUAL CONST JT /--EXISTING PAVEMENT tL PERMITS B (M C/C CONST JT (MAX)T&8 5' 0" SUPPORT - SLAB SECTION C-C NOT TO SCALE BARS V (4* 5) LIMIT OF EXCAVATION FLOWABLE FILL +1'-IO1/2" (FV) BARS V2 (#5) 15'0" PERPENDICULAR TO BACKWALL APPROACH SLAB (FLUSH W/TOP OF BRIDGE SLAB)—\ w 0 o, 2'/ m (TYP)/LL 002BARS V--� FV & MATCH EXISTING .CONST JT BARS H 0 (TYP OF 10) IZ BEARING 8%2" (FV) PROPOSED BEARING PAD (RE:IBEB) NOTES: LIMIT OF EXCAVATION. 1. CAP REINFORCEMENT NOT SHOWN. 2. EXCAVATE EXISTING BACKFILL WITHIN LIMITS PRIOR TO FLOWABLE BACKFILL PER TXDOT ITEM 110. SECTION A -A NOT TO SCALE 01 SPACE BARS VERTICALLY WHEN DRILLING TO AVOID EXISTING HORIZONTAL BARS. Q2 CONTRACTOR SHALL NOT DRILL INTO REINFORCING BARS IN EXISTING CAP. 03 INCREASE AS REQUIRED TO MAINTAIN 3)14" FROM FINISHED GRADE. ® CONTRACTOR SHALL PROVIDE TEMPORARY SHORING DURING CONSTRUCTION AS NECESSARY. COST OF TEMPORARY SHORING SHALL BE SUBSIDIARY TO EXCAVATION COST. 05 BEVEL BEARING PADS TO MATCH BEAM SLOPE. © CONTRACTOR SHALL REPAIR BACKWALL AND WAIT UNTIL THE COMPRESSIVE STRENGTH REACHES 3600 PSIPRIOR TO FLOWABLE FILL. 70 ADJUST THE APPROACH SLAB THICKNESS TO MATCH THE TOP OF BRIDGE SLAB. CITY OF FORT WORTH, TEXAS 9 'S 4 a 0 1+- ¢ z SHEET SEQ. Dote: Jun. 11, 2013 - 1119:28 AM User: KAC File: Mist\Pookage 2l st-Ih.-pl-brdgl4 291 WEIGHTS P.L.F. FOR ONE ARMOR JOINT (2 PLATES) FBI iNt Tool to I/Z" R (Typ) Face of Abut Bkwl& End of Appr Slob Inside Face of Abut Wingwall — JOINTS AT ABUTMENTS SKEWS OVER 15° SKEWS THRU 15° PLANS OF ARMOR JOINT PLATES Joint Opening ot 80° F 9�6" Dia Holes for /2" Dio Erection Bolts Backer Rod (25 percent larger than joint opening) 74" Armor Jt () /2" Armor Jt (Sealed) PL 1/2"(ASTM-A36) %" Dia Stud Anchors 00 to slob surface (Typ) SHOWN WITHOUT 2" OVERLAY AT JOINT LOCATION I—, 3" SHOWN AT STEEL RAIL End of Armor Plote Joint Sealant Without 2" Overlay With 2" Overlay O TD 3" Joint Opening at 80° F 9/6" Dia Holes for I/2" Dia Erection Bolts 2" ACP Overlay 2() (includes 2 course O surface treatment) • 1//,.� Backer Rod (25 percent larger than joint opening) ARMOR JOINT SECTIONS Showing Armor Joint (Sealed) () Backer Rod Backer Rod SHOWN AT BARRIER RAIL JOINT SEALANT TERMINATION DETAILS Armor Joint (Sealed) only. Armor Plate is not shown for clarity. End of Armor Plate (-Joint Seolont a a a ski (,) t5 9, Armor Length (See Plan) Erection holes at 4'-0" C-C Max 1'-0" PL 1/2"(ASTM-A36) conforms to Rdwy surface. Stud Anchors at 1'-0" C-C Mox Stud Anchors of 1'-0" C-C Mox ELEVATION OF BASIC ARMOR PLATE 74" Armor Jt (7) I I/2" Armor Jt (Sealed) PL I/2"(ASTM-A36) %" Dio Stud Anchors SHOWN WITH 2" OVERLAY AT JOINT LOCATION () () See detoilon Span sheet if seoling top of sidewalk End of Armor Plate Backer Rod SHOWN AT CURB CO 9" 3" WITHOUT OVERLAY WITH 2" OVERLAY l-) ()Adjust 6" plate height for overlay thicknesses other than the 2" shown. Adjust values by 1.70 Lbs for each I/2" voriotion in thickness. ()Do not paint top 1 I/2" of plate if using sealed ormor joint. E)Set top of backer rod 1" below top of ormor plate. Backer rod must be compatible with joint sealant. Use of multiple pieces to create o bocker rod cross section is not permitted. Top of backer rod must be convex as shown. ®Blast clean entire contact area between seolont and plate (SSPC-SP10) before installing seolont. Light brush blast and thoroughly clean all dust and debris from concrete surfaces in contact with joint sealant before applicotion of Silicone Seol. ©Use Class 7 joint sealant thot conforms to DMS-6310. ©Place seolont while ambient temperature is between 55° F and 80° F and is rising. Armor Joint does not include joint sealant or backer rod. ®Armor Joint (Sealed) includes Class 7 joint seolont and bocker rod. Form vertical leg of sealos per the Manufacturer's recommendations. Use Closs 4 joint sealant if Class 7 cannot be instolled correctly. Install according to Manufacturer's recommendations. @Unless shown otherwise, terminate armor plate at slob breok point if break is more than 2' from slob edge. ()2'-0" Perpendicular to Edge of Slob unless noted otherwise. FABRICATION NOTES: Ship armor joints in convenient lengths of 10'-0" Min and 24'-0" Max unless necessary for stage construction or widenings. One shop splice is permitted in eoch shipping length provided no piece is less than 2'-0" long and sufficient studs ore added to limit the stud to shop splice distance to 2" Min and 4" Mox. Use groove welds for oll shop and field butt splices. Grind smooth areas in contact with seal. Make oil necessary field splice joint preparations in the shop. Weld studs in accordance with AWS D1.1. Punch erection holes to line up in final position of Armor Joint. Match mark corresponding plate sections and bolt together for shipment. Point portions of plate not in contact with concrete with the primer specified for System II point. An Armor Joint Layout which identifies location of each steel section shall be developed by the fabricator. Permanently mark each steel section in occordonce with the Armor Joint Layout. A copy of the Armor Joint layout is to be provided to the Engineer. Shop drawings for the fabrication of Armor Joints willnot require the Engineer's opprovolif fobricotion is in accordance with the details shown on this standard. CONSTRUCTION NOTES: Secure ormor joints in position and place to proper grade and olignment by welding braces to adjacent reinforcing steel. Cost of furnishing and installing temporary bracing is subsidiary to the pertinent bid item. Remove erection bolts and spacers when needed to prevent damage to the joint and slob concrete. GENERAL NOTES: Provide Armor Joints ot locations indicoted on the Bridge Layout. Provide the seal when "Armor Joint (Sealed)" is noted on the Bridge Layout. These joint details accommodate a joint movement range of 1 %" ( Y4" opening movement and %" closure movement). Payment for Armor Joint with or wthout Seal is based on length of Armor Plate. ,-Joint Seolont 16.10 Lb 22.90 Lb 7'" Texas Department of Transportation ® Bridge Division ARMOR JOINT DETAILS FCE: Oj51de01,dgn__ ©TxDOT Agril2006 REVISIONS 12/10: Changed plole site. AJ 00: TxDOT ICK: TxDOT low: TxDOT DISTRICT FEDERAL AD PROJECT I CK: COUNTY �CONTR TECT qB TxDOT SHEET fllGHWAY Office, SLCATIONS S ACCOUNTS Dote, TOATE1 User: SUSERtl4!ESILELa 1515 33 ee Beam Angle /4"-----C. Inverted-T Bent G IFoce of Stem zBeam Angle TIC tN AT INVERTED-T BENT WITH SKEW Ct Beam Dowels & Nominal L' earings Face of Stem 3" 9 Y2., Inverted -T Bent AT INVERTED-T BENT CE Beam Dowels & Nominal L (Bearings T. Beom Beom Angle Beom { Cew beam ends when distance between flonges is less than 1". 8 1/2„ Porollel to Beam (Typ) AT CONVENTIONAL INTERIOR BENT WITH SKEW 2" 8 /2" f Interior Bent Interior Bent S 1/2". Beam Angle — - — Beam Dowels & Nominal eorings C. Beam -� Q. Beam Dowels & Nominal L fearings 2" 8 /2" AT CONVENTIONAL INTERIOR BENT BEAM END DETAILS Bisector of angle between beams BEAM CONFLICT DETAILS f Beom f Foce of Abut Backwoll Beam Angle 2•• Beom Dowels & Nominol L rBearings ®Dowel at doweled beam end Clobeled (D) on Bridge Layout]. Required for outside beams only or as shown on substructure details. ()For purposes of computing Bearing Seat Elevations, nominal centerline of bearing shall be defined os shown. The actual center of bearing pod may vary from this line. For Transition Bents with backwall, beams and elastomeric bearings shall receive the some treatment as shown for Abutments. ()When angle exceeds 0° , one or both beam ends shall be clipped to maintain the clearance between beam ends as shown in view. ®See Elostomeric Bearing Data Table for Bearing size. Corner clips in Table not applicable for this situotion. Table reflects beam conflicts of this type on radiol bents only. AT ABUTMENT WITH SKEW O I-»-- Face of Abut Bkwl 2" AT ABUTMENT GENERAL NOTES: These detoils accommodate skew ongles up to 60° . Shop drawings for approval ore required. A bearing loyout which identifies location and orientation of ollbeorings shoilbe developed by the bearing fabricator. Permanently mork each bearing in accordance with the bearing loyout. A copy of the bearing layout is to be provided to the Engineer. Cost of furnishing and installing elostomeric bearings shall be included in unit price bid for "Prestressed Concrete Beams". HL93 LOADING Sheet 1 of 2 Texas Deportment of Transportation Bridge Division ELASTOMERIC_BEARING_ AND BEAM END DETAILS PRESTR CONCRETE I -BEAMS FRE: ibebstel,dgo__ ©TxDOT Armory 2005 REVISIONS Rev. 4-05: Toper Toler°nce and Shop D,oe'"gs IBEB 010 TxDOT Ic0• TxDOT IDw: TxDOT Icx: TxDOT DISTRICT ( FEDERAL AID PROJECT SHEET COUNTY (CONTROL SECT JOB _o FSONWAY Of tic Fort Worth FTW13129 Doter Jun. 11, 2013 - 11:19:45 AM User: KAC Foe: N:\sl\TxDOT\ Jebstet.dgn Interior Bent, Foce of Inverted -T Stem or Face of Bkwl 1 1/2" Min Bm Skew Angle 2" Int Bts Nom CL Brg Face of Cap Brg Pod Bm Skew�\J Angle Brg Pod Varies with 8m Skew Angle 1 Nom CL Brg I M nz:, / Min SKEWED BMS ENDS AT CONV INT BENTS 2" Int Bts Int Bent Bm Skew Angle ELASTOMERIC BEARING PLACEMENT DIAGRAMS .c m End of Beom „A„ 03 E m a - Length 2" Hole for Dowel Pod 2 /2„ Min m 2" Hole for Dowel End of Beam PLANS() Place 0.105" thick steellominotes parallel to the bottom surfoce of the pod, except the top laminote(s) may be sloped to sotisfy maximum and minimum thickness criteria for tapered elostomeric top layers. Bevel to match Beam Slope Length or Diameter ELEVATION (50 DUROMETER) O o_ 0 1— LAMINATED ELASTOMERIC BEARING DETAILS Beam Type A,B,& C IV VI Nom CL Brg Foce of Cop -- Pod & Bm 1 1 2„ Min Round Laminated Bearing lov-1- 6 1/2" / 2„ / 1 /Int Bts 1 CE Interior Bent, Foce of Abut Bockwoll, � 1 or Face of I� Inverted -T i Bent l 1 Min Bm Skew Angle lC ROUND BEARINGS FOR SKEWED TYPE IV & VI BEAMS ONLY ()For purposes of computing Beoring Seat Elevations, nominol centerline of beoring shall be defined os shown. The actual center of bearing pad moy vary from this line. 03" for Inverted -T. ()Factors controlling laminated bearing placement if no dowel is present. Place L Pados near Nominal Brg os Fossible between limits shown. ®Complement of Beam Angle except at some conflicting beams. ()Provide 2" Dia Hole (always on beam end side of centerline pod) only at locations required. See substructure details for location. The Dowel offset "C" dimension may be 0" when the bridge is square. 10 See Elostomeric Beoring Data Table for dimensions. ,I Maximum and minimum layer thicknesses shown are for elostomer only, on topered layers. ()Locate Permonent Mork here. 13 BEARING TYPE shall be indicated on oll pads. For tapered pods, BEARING TYPE shall be located on the high side. The Fabricator shall include the volue of "N" (amount of toper in 1/8" increments) in this murk, Examples: N-0, (for 0" toper) N-1, (for /8" toper) N-2, (for 1/4" toper) (etc.) Fabricated pod top surface slope shall not vary from plan beam slope by more than ( 0.0625" IN/IN‘ Length or Dia 14 The use of Polyisoprene (natural rubber), for the monufocture of bearing pods, is not permitted. 15 Substructure dimensions must satisfy the minimums provided to accommodate the elostomeric bearings shown on this standard. @Interpolate "C" values for angles not shown between 30° & 40°,40° & 50°, 50° & 60°. TABLE OF MINIMUM SUBSTRUCTURE DIMENSIONS 15 Abutments Int Bents Inv-T Bents Face of Bkwl Overall Corbel to Foce of Cop Cop Width Width 1'-4 1/2„ 1'-7 1/2" 3-3" 1'-10" 1'-10 1/2„ 3,_9„ 2'-0„ Bent Beam Type Type AT CONVENTIONAL INTERIOR BENTS -D EI m Skewed Bm A A A B B B C C C IV IV IV IV IV IV VI VI VI VI VI VI A 8 C IV VI A A 8 B B C C C IV IV IV VI VI VI ELASTOMERIC BEARING Brg Beom End Skew Type Angle Ronge 13 A-1-"N" B-2-"N" C-1-"N„ C-3-"N" IV-1-"N" IV-2-"N" IV-3-"N" IV-4-"N" IV-5-"N" IV-6-"N" VI-1-"N" VI-2-"N" VI-3-"N" VI-4-"N" VI-5-"N" VI-6-"N" A-4-"N" B-4-"N" C-4-"N" IV-7-"N" VI-7-"N" A-6-"N" B-5-"N" B-6-"N" B-7-"N" C-5-"N" C-6-"N" C-7-"N" IV-8-"N" IV-9-"N" IV-10-"N" VI-8-"N" VI-9-"N" VI-10-"N" 0° thru 15° 15° • thru 45° 45° • thru 60° 0°thru 15° 15° " thru 45° 45° • thru 60° 0°thru 15° 15° • thru 45° 45° • thru 60° 0° thru 15° 15° • thru 29° 30° 16 40° 6 50° 6 60° 6 0° thru 15° 15° • thru 29° 30°16 40°16 50° 16 60° 16 Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable 0° thru 15° 15° • thru 60° 0°thru 15° 15° • thru 45° 45° • thru 60° 0°thru 15° 15° • thru 45° 45° • thru 60° 0°thru 15° 15° • thru 29° 29°• thru 60° 0°thru 15° 15° • thru 29° 29° • thru 60° DATA TABLE Pad Size Pod Clip Lgth x Wdth Dimensions 7" x 12" 7" x 12" 7" x 12" 7" x 14" 7" x 14" 7" x 14" 7" x 16" 7" x 16" 8" x 16" 7" x 22" 7" x 22" 15" Dio 15" Dia 15" Dia 15" Dia 9" x 24" 9" x 24" 17" Dia 17" Dia 17" Dia 17" Dia 7" x 12" 7" x 14" 7" x 16" 7" x 22" 9" x 24" 7" x 12" 7" x 12" 7" x 14" 7" x 14" 7" x 14" 7" x 16" 7" x 16" 7" x 16" 7" x 22" 7" x 22" 15" Dio 9" x 24" 9" x 24" 17" Dia 11/4" 11/4" Y4" I 11/2„ 2" 1" I 2 1/4„ 2 1/4„ 34„ 3 Y4„ 2 1/4„ 1" 3 1/4„ 3 1/4„ 3/4" 6" 4" 1" — — 1„ 2 '1/2" 4 1/2„ 1" 2 3/8„ 2 %" 3 1/e„ 4" 3 1/4„5 �IY2„ 2" — 3y4„ 5 1/z„ 1" 1" 1 34" 1 Y4„ 2 3/4" 1 3/4" 2 Y4" 2 3/4„ 4 ''/2" 2 Y4" 11/4„ 2" 1" 3 3/4„ 1" 2" - I - I — I — Y2" 1" 1 Y2" HL93 LOADING Sheet 2 of 2 Texas Deportment of Transportation Bridge Division ELASTOMERIC_BEARING_ AND BEAM_END DETAILS_ PRESTR CONCRETE I -BEAMS FOE: ibebstetdgn__ ©TxDOT January 2005 REVISIONS Rev. 4-05: Toper Tolera+oe and Shop do,:u+9s IBEB 0N: TxDOT Co'ITxDOT I00' TxDOT ICK: TxDOT DISTRICT FEDERAL AID PROJECT SHEET r COUNTY TCONTROL1SECT JOB 19GHWAY Duke: Fart worth FTW13129 Dole: Jun.11, 2013 - 11.19.46 A61 User: KAC Fie: NAM' TxDOT \bebsletagn Face of Abut Bkwl and End of Appr Slob Inside Face of AbutlWingwoll JOINTS AT ABUTMENTS Median Barrier not anchored to slob End of Armor Plate 0-- End Joint Seolot Toe of borrier End of Armor Plate Tool to /2" R (Typ) SKEWS OVER 15° SKEWS THRU 15° PLANS OF ARMOR PLATES Used for R.J. Watson joint systems. Median Barrier anchored to slab +End of Armor Plate 9O See "Joint Seol Upturn De toil" WITH OPEN DECK JOINT BELOW MEDIAN BARRIER End 1 /2" Joint Seol --End of Armor Plate 9I See "Joint SeolUpturn l//'''y' Detail" f 7 WITH OPEN DECK JOINT ADJACENT TO MEDIAN BARRIER Armor Plate and Joint Seal continuous under barrier. Cost or instollbarrier ofter joint system instollotion. AT MEDIAN BARRIER Roil --End of Armor Plate 9O See "Joint Seol Upturn Detail" AT CONCRETE BRIDGE RAIL For curbs or short parapets trim seal opproximately below top surface. 2„1 Q Top Stud Anchor --I End Armor Plate and Strop —Sidewalk Rail PLr/2 x4 (ASTM-A36) %" Dia Stud Anchors ot 0'6" C.C. Mox (Alternate Location) 45° G t. II 3" Grind smooth PL Y2 x 4 (ASTM-A36) 1/4" 1-12 Strap Y2 x 1/4 (ASTM-A36) END VIEW FIELD SPLICE (Studs not shown for clarity) ELEVATION OF ARMOR PLATE Used for R.J. Watson joint systems. /End Armor Plate at toe of post or roil. Troffic Side See "Joint Seal Upturn Detail" AT SIDEWALK BEHIND BRIDGE RAIL See "Joint Seal Upturn Detail" End Armor Plate at toe of sidewalk. AT SIDEWALK TYPICAL SECTIONS Used for R.J. Watson joint systems. -'—Toe of sidewolk, roil, roil post or median barrier —Shop miter and bond together. Shop fobricote unless otherwise directed by Engineer. JOINT SEAL UPTURN DETAIL Used for R.J. Watson joint systems. Armor Plate and Joint Seol continuous under barrier. Cast median after joint system instollation. 2 AT RAISED MEDIAN --End of Armor Plote 9O amovvr End 1 Y2" Joint Seol AT STEEL POST BRIDGE RAIL SECTION Conforms to slob surface (Typ) 9/e" Dia Holes for I/2" Dia Erection Bolts at 4'-0" C.C. Max ©Other conditions effecting the joint profile should be noted elsewhere. ®Unless shown otherwise, terminate armor plate at slob break point if break is more than 2' from slob edge. ©See "Pions of Armor Plates". Coot with manufacturer's supplied epoxy primer above strop before instolling sealant. ,—See table for joint opening of 70° F S/e" Dia Stud Anchors ot 0'-6" C.C. Mox (Alternate Location) SECTION THRU R J WATSON JOINT CONSTRUCTION NOTE FOR R.J. WATSON JOINT: Splice and installseolin accordance with the manufacturer's directions and with the adhesive provided by the manufacturer. SHEET 2 OF 2 Texas Department of Transportation ® Bridge Division SEALED EXPANSION JOINT TYPE A WITHOUT OVERLAY FILE: sejostel,dgn_ ©TxDOT 49dj2006 REVISIONS 12/10: Added R J Watson Joint. SEJ-A ON: TxDOT IcK: TxDOT IDw: JTR Icx: JMH DISTRICT FEDERA1. AO PROJECT COIRlTY TCONTROLISECT /08 SHEET —fad 0GRWAY Offic :For. \with F1W13129 Dole: Jun. 11,2013 - 11:19:47 A1A aser+ KAC File: N:\st\Tx00T\sejoslel.dgn 4' DRAWING NO. 1 - H 3" I 2 2 2„ 4' 2 4 3" ject Titl unding Contractor: Contractor's Name 121" - Questions on this Project Call: 121" (817) 392 - XXXX __ 12„ — After Hours Call: (817) 392 - XXXX 1" 3" 1„ 2 12„ R1" TYP. FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH - PMS 288 - BLUE LONGHORN LOGO - PMS 725 - BROWN LETTERING - PMS 288 - BLUE BACKGROUND - WHITE BORDER - BLUE 1" TYP. 2 2° NOTES: IF APPLICABLE TO THE PROJECT, CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION" / LOGO AT CDR SIGN AND ENGRAVING, 6311 EAST LANCASTER AVE (817-451-4684), PEEL AND PLACE IN FUNDING SECTION. PROJECT DESIGNATION SIGN CITY OF FORT WORTH - CONSTRUCTION STANDARD I DATE: