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Contract 60429
CITY SECRETARY CONTRACT NO. FoRTWoRTH SANITARY SEWER MAIN EXTENSIONS, REPLACEMENTS & RELCOATIONS CONTRACT 2022 City Project No. 104266 Fort worth Wa r OFFICIAL RECORD CITY SECRETARY FT WORTH, TX FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF SANITARY SEWER MAIN EXTENSION, REPLACEMENTS & RELOCATIONS CONTRACT 2022 Mattie Parker Mayor City Project No. 104266 Chris Harder Water Director Prepared by The City of Fort Worth WATER DEPARTMENT 2022 David Cooke City Manager CITY OF FORT WORTH, TEXAS WA TER DEPARTMENT SANITA R Y SEWER MAIN EXTENIONS, REPLACEMENTS & RELOCATIONS CONTRACT 2022 City Project No. 104266 CHRIS HARDER DIRECTOR WATER DEPARTMENT 2022 APPROVED /0AvJ o /23 T0N9SH0L0L4, RE, ASSISTANTDIRECTOR, WATER DEPARTMENT RECOMMENDED DATE FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page] of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 0061 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 0073 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 I Testing and Inspection Services 03/09/2020 01 5000 I Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 5813 Temporary Project Signage 07/01/2011 01 6000 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 7000 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 7423 Cleaning 07/01/2011 01 77 19 I Closeout Requirements 03/22/2021 1 01 7823 I Operation and Maintenance Data 12/20/2012 01 7839 Project Record Documents 07/01/2011 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 0 A�j Soloed e Site Tlo.-,,olitio 0241 14 Utility Removal/Abandonment Division 03 - Concrete 03 30 00 Cast in Dlaee Generote nzo ?. 16 G refete Base M.,te-ial f Tr-eneh nowa 03 8000 Modifie tions to F/zdMing C nefete StFuet„fes Division 26 - Electrical '1z6 05 00 Common Wer-k Results for- Eleetfieal 2605 10 Demolition for EleetFie l Systems 2605 43 UfidefgFeiind Dual and Ra-le 00 s F « Rleetrieal e„sty,., Division 31 - Earthwork 31 1n nn Site Cleafi g �v 3 l�j Beffew 31�-1 24 00 12 M- h- A-;;-'rH;EiitS �o Evasion And- Sedifflent CoRtFel 313600 Fiabi6ns 3 1�0 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair Fle�iible Rase ('oufses '27�3 '27�' 32 11 3 I Lime Treated Base Courses I Cement Treated Base Course J iquid T-Feale Lfl tt%6,li z-ef I Asphalt v.,.,ing I Asphalt Paving Crack Se l.,.-,tr I !'onerota Paving (', Tlarr;er 32 1�T 32 12 16 '27�J 32; 13 13 32 13 20 333 I ner-ete Sidewalks, Dfiyo., ays and Fi!ee Ramps I (''.,nerote Paving joint Se l.,f4 I Briek Unit Davis g I Cenerete Curb -and G-Ju eff and Valley Gutters - -- Pavement Markings 346 '27�3 32 1723 32 4725 3231 13 Gufb Address Painting Chain Fences and Gates 3231 26 Wire Fences and Gates 3231 29 Wood Fences and Gates Date Modified CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 32 92 P Cat in 1-lt--se r,,neFete Retaining Walls 3291 19 Topsoil P!aee„ „t a„d Finajhirg of Pafkways 3292 3 14 ,dr M leh;„,. coed;„e and Sodding 37� Trees and Shrubs Division 33 - Utilities 33 0430 Sewer and Manhele Testing '2'2� 01 31 G-le-sed G-keuit Television (GCTV) inspection 33 03-10 Bypwo Dump ng ., f B*istifig Sewer- Systems 33-04 10 joint Bending and gleetfieal isolation. 33 04-11 Genes,, !tee„trel Test St.,t; „s 2'2� M.,gnes;,,.r. A „ede Cathodic Droteetion System 1333 lA144_3l0� �T.e,r,.,„ofafy Wa4er Ser-viee 33 04 40 t7+R."..1�I:�g�:Qd A eeeptanee Testing of Water- Mains 33-04 50 Gleaning f Sewer Mains 33� T Ttili , Tre„eh lrxea-..,t;l.„> Embedment, and Backfin 33 n� I Water- Line 1 .� 3305 43 I F-Fa e Goyer e„d G;. de n;„ .s Cast it „ 3305 12 hrvr l i;rame, !'over and lZ...,de Rings -Composite r✓-vim--r 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 I re„,.fete Water Vaults 3305-17 I G „efete G llaf 330529 Auger- Bof:ing 33--0521 I Tunnel Liner Dl ete 3 Steel- a3ing Dipa 330523 I Hand Tunneling 4 I installation of! amier D;„e in Casing er T,.„„el Liner- r Dl„te 2Z� i oeatio of E*istifig Utilities 33 4 i 05 Uo43, Nulls, md Gaskets 33-44 40 I Duet;le Iran Pipe 33 11 11 I Ptietile it „ F ttkig Po4yyiny1 Chloride (PVC) Pressure Pipe 2Z� I ('oner-ete Pressure D;„eo Bar Wrapped, Steel !" Gunder Type 3Z� I u„r;ed Steel D;„e and Fit ing 33 42 19 I ti,, eo I kmoh t3 2 ineh r e e Wa4er Meters 33-42 20 nes;re„t ee.,ted Gate Valve ZZ�-1r AWWA Rubber Seated Buttef ly Valves 33-125 r „„eetion t Existing Wa4er Mains 22� I Combination Air- Valve Assemblies Mies fof! Potable li/.,ter- SysteFas 33-12 40 I 1~;=--=r its 33-42 50 vilatur C l Vi e- t ; 33 0 I StandafEl Blow off Valve Assembly mbly 33 31 12 Coed in tllwe r; 3331 13 Fiber -glass ne „c ed Pip f r r i , Sanitar-y Se 22�5 I 14igb Density Polyethylene (14DPE) D;„e for Sanit.,r. Sewer CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 '22'J 3i 220 Del.e„„ l GNOFide (DN7C) GFa-,;+- Sanikx-j Eawer Pipe '2 1 7 1 '2'2 Polyvinyl Chloride (PVG) Closed Drefile C`_r.,.,;ty Sanitary Sewer 'T .pipe 33 31 22 Sa ewcF Uip Truing 33 31 23 C.,„;taFy Sewer D;„e Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 1Z�0 Qm1,\-Wt e„ n;r Valve for Sa+i4af , Sewer- ,Free >\n.,;„� 33 39 1!1 Cast in Place Goo Nero Manholes 33 39 20 Precast C onerete Manholes 33 3930 F-iborgl2m Manholes 33 3n nn Wastewa4er eeess rah �x/ „,her (WAG) � �-:ram--ry 33 3960 Epo) , r ; S fee San t.,r., Sewer Str.,et..res 33 41 10 De;„fefeed Ge„ereie Ctef Sewer D;„e/Gulyerts 33 41 11 High Density Polyethylene (RDPE) Npa fef Stone �n1S 33 41 12 Reinfofved Polyethylene (SRPE) Pipe 33 41 13 Delypr-e„yle„e D;„e for- Storm Dfain 33 4600 ibdrainage 33 4601 SlEmed Storm arairc 33 4602 Tre�rr.J 33 49 10 I Cast in Dlaee Manholes and junetion Boxes 33 V I Curb and DFop inlets 33 49-40 I Stom Dpc. 21'-\ge ue.,a.,,ells And W;„....,.,lls Division 34 - Transportation 34 41 T-r-affie Signals 3 n n�� Attachment A G ntrellee Cabinet 34 41 10.02 n ttae ent B e„troll e;f c t; e„ � --ter n ��n���� 34 41 10.03 f S �03 n� �ttacerrt�—Sert��t�pesif�e-atier� 34 41 13 Removing Tfaffie Signals 34 41 15 Reeta*gWa 11*9 Flashing Reaeafi 34 41 20 Ue.,.l,. ay ill,.„.;„et;e„ Assemblies 3^ ^�01 A-Ftari l = Roadway LaminWires 3n n�02 €Feesrif LED Re.,,away r , 34 41 30 Aluxi—mm F%gf s 3471 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: h t t v : Hfo rtwo rthtexa s.2ov/tt)w/contractors/ or httt)s://apt)s.fortworthtexas.gov/ProiectResources/ Division 02 - Existing Conditions Last Revised 02 44 13 Seleetive Site Demolition 03/11/2022 0241 14 Utility Removal/Abandonment 12/20/2012 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 0241 15 1 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 0334 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Weet,-ieal 26-0510 Demolition for- ❑leetfieal Systems Division 31 - Earthwork 31 0000 Site Clearing 9124 00 21�0 R«A-i A -A ;-44; l Coil; 4:A Lef; r.,Mt.-..l 31 3600 Gabiens 31 3700 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 3201 29 '27�9 Concrete Paving Repair Lime e Tfeated Base Gotir-se '27�3 32 32 12 16 '2�3 Cement Treated Rase Cow- Liquid ,id Tr-eate.l Soil S-4-Ab;lizer- Asphalt Paving It 32 13 13 Asphalt Paving C fae1L Sealants Concrete Paving 32 13 20 73 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 32 14 16 I Conefete Paving joint Sea!- Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings n 372 3231 13 I Curl ,ldfess Painting Chain Fences and Gates 3231 26 Wire Fences and Gates 3231 29 Wood Fences and Gates (`.,-t in D !`.,.- 3232 13 '27�9 aete erete Retaining Walls Topsoil Dla..eme nt and of D.,.,.1. a, , Right of ways 3292 13 '27�T Sodding I Ne Native S.,...1ing CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 02/02/2016 1 03/11/2022 12/20/2012 12/20/2012 12/20/2012 03/11 /2022 12/20/2012 12/20/2012 07/01 /2011 02/26/2016 03/22/2021 01/28/2013 01/28/2013 01/28/2013 04/29/2021 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 06/10/2022 08/21/2015 12/20/2012 12/20/2012 06/10/2022 12/09/2021 12/20/2012 12/20/2012 06/10/2022 06/10/2022 11 /04/2013 12/20/2012 12/20/2012 12/20/2012 06/05/2018 03/ 11 /2022 05/13/2021 05/13/2021 MSERR2022 City Project No. 104266 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 1 32 93 43 1 Trees and Shrubs Division 33 - Utilities 3301 30 Sewer and Manhole Testing 3301 31 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 3301 32 CAesed-Gir-c-1l4Television (CC;TV) inspection Stud." Domain 33 03 10 Bypass Pumping ofExisting Sewer Systems 33 04 TO ZZ�T 33 04 12 ]of 3e endi:� clEl8etrieal lsola4i C rr sion Control Test St, t: , Magnesium Anode. !''.,th. die Pfoteetie System 33-04-40 33 04 50 Cleaning and n eeept. nee Testing of a4er- T\4-;4i4;-r Cleaning of Pipes 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 33 05 13 W..tefLine howefing Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to ZZ�o Grade ('......rote Vaults 33 05 17 I Water Concrete Collars 33 0520 ZZ�.11 Auger Boring 33 0522 I Tunnel Liner- Plate Steel Casing Pipe 33 05 23 Hand Tunneling 33 0524 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 0526 Utility Markers/Locators 33 0530 Location of Existing Utilities 33 11 33 11 10 33 11 I Bolts, Nuts, and Gaskets Ductile Iron Pipe I Duet:le Iro Fittings 3/3 11 12 ZZ�TJ Polyvinyl Chlor-ide (PVC=) Dresstife Pipe !`onerete Dressur-e Pipe, .. Dr \I 1, Steel GylindeF Type 33 11 33 12 0 Z Z1T, 33 1220 Z ZIT 44 1 ZZ�o r-ap e Buried Steel Pipe and F-44 ngs Wa4er SeF ,iees 1 inch to 2 ..h I T afge \x a4ef A Aetors I Aos:l;o t Sea to G e Valve I n )A'3 I n Rubbef C'.,.4ed Butte ffl . Valves I G-e-nnier-Ai t Existing \x7.,ter Mains I G--A- .h-in .tiara Air Valve Assemblies for- Potable Water- Systems 33 1250 ZZ�6o Waky Snn�e Sta4iens I St... dar-d Blow off Valve Assembly 33 Z2 33 31 13 I Cured i Dlaee Pipe (CIPP) Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 _ High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe Delyyif Ghler-ide ClosedDr„4ao Gravity San tafy Sewer Z Z 2 1 7 1 T yl • v.� ....� , �,ucc,resvZrTc� (PVC) Ripe 12/20/2012 9/07/2018 03/11/2022 03/11/2022 12/20/2012 12/20/2012 12/20/2012 12/20/2012 07/01 /2011 02/06/2013 03/11/2022 04/02/2021 12/20/2012 12/09/2021 03/11/2022 12/20/2012 03/11/2022 12/20/2012 12/20/2012 12/20/2012 12/20/2012 06/19/2013 12/20/2012 12/20/2012 12/20/2012 12/20/2012 09/20/2017 11/16/2018 12/20/2012 12/20/2012 02/14/2017 12/20/2012 05/06/2015 04/23/2019 02/06/2013 12/20/2012 01/03/2014 12/20/2012 06/19/2013 12/20/2012 12/20/2012 04/23/2019 06/19/2013 12/20/2012 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 104266 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33 31 22 Eanilury E--wor Flip T)rirg 12/20/2012 33 31 Sani.afy Sewef Pipe >~rlar-go, ent 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 EomN,*rc ..,,., n;.. V.,lve for- Sanitai-, Sewer>~,fee ra 12/20/2012 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 333960 60 r o s for canna,. Sewer Str-t ,.tare 04/29/2021 3 n�o Reinf,,veed- G-on rote SteFm SeweF Pipe/C,.lye fts I 07/01/2011 33 4 1 11 I High Density Polyethylene (I-IDDE) R tom-, J-,)C�r. 12/20/2012 33 41 2 I Po:„ oa n l.,ethylene (VPE) Pipe I 11/13/2015 33 41 13 Rolyj opllene Pipe for Sterm Prain I 06/10/2022 33 46 00 Subdfainage 12/20/2012 33 4601 dotted tci" Dmirc 07/01/2011 33 4602 Trenoh Dmin 07/01/2011 12/20/2012 03/11/2022 07/01/2011 Division 34 - Transportation 3441 10 T-r- rf^ SignaI5 03/11/2022 34 n� '� Attael ent A Eaatrener- Cabinet 12/18/2015 34 ^�02 Attachment —Contrener-Speeifieatien 02/2012 34 41� r-4S.03 Attaehment; SertwareSpeeisation 01/2012 31 11 11 Tow...,,, a fy T .affi , Signals 11 /22/2013 '2�3 Removing T,affie Signals 03/11/2022 '2�o P,,.,away 111afnina4i ,„ Assemblies 12/20/2012 34 n�o4 n,.ro..:.,1 r > r1 Roadway r , 06/15/2015 3 n 1 20.02 ..,., ., r �� F. ee- LED P,,.,dw .�al:���ir�s 06/15/2015 34 ^�03 Re-4&% al LTJD ftaadway Lar i t s 06/15/2015 34 41 30 A4utiinurs ✓gns 11/12/2013 zn� n15 I Single Made Fiber- Op fi . G 1 10 02/26/2016 3471 13 Traffic Control 03/22/2021 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 6/1 /23, 10:56 AM M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 9, 2023 LOG NAME: 60SSERRRCON2022-CIRCLEC REFERENCE NO.: **M&C 23-0353 SUBJECT: (ALL) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $1,000,000.00 for Sewer Main Extension, Replacements & Relocations Contract 2022, with Two Optional Renewals, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Sewer Main Extension, Replacements & Relocations Contract 2022, with two optional renewals; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,300,000.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the Misc 2022 Sewer Main Ext project (City Project No. 104266) to effect a portion of Water's contribution to the Fiscal Years 2023- 2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Sewer Main Extension, Replacements & Relocations Contract 2022, with two optional renewals. The work to be performed under this contract consists of extending, repairing, replacing or relocating sewer mains and services as required to provide quality sewer service to individual customers or developers. While funding for this project comes from the Water and Sewer Capital Fund, the Water Department issues work orders to the contractor after payment of applicable estimated costs by the customer and/or developer. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $1,000,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew (subject to appropriated funding) this contract two times under the same terms, conditions and unit prices. The project was advertised for bid on November 24, 2022 and December 1, 2022 in the Fort Worth Star - Telegram and on January 5, 2023 the following bids were received. Bidder Amount Time of Completion William J Schultz, Inc. dba Circle C $6,283,225.0065 Calendar Construction Company JIJJJ Days Staff has reviewed the proposed unit prices and considers them to be fair and reasonable. In addition to the contract amount, $300,000.00 is required for project management, material testing and inspection. apps.cfwnet.org/ecouncil/printme.asp?id=30980&print=true&DoeType=Print 1 /3 6/1123, 10:56 AM M&C - Council Agenda It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: Capital Budget Revised Fund Project FY2023 CIP Authority Change FY2023 Name Name Appropriations (Increase/ Budget g Decrease) Fund 104266 56002 - — Misc W&S 2022 $0.00 This M&C $1,300,000.00 $1,300,000.00 Capital Sewer Projects Main Funding is budgeted in the Transfer to Water/Sewer account of the Sewer operating budget for the purpose of funding the Misc 2022 Sewer Main Ext project within the Water & Sewer Capital Projects Fund. Appropriations for Sewer Main Extension, Replacements & Relocations Contract 2022 as depicted below: Fund I Existing Additional project Total* I! Appropriations Appropriations W&S Capital Projects - $0.00 $1,300,000.00 $1,300,000.00 Fund 56002 Project Total $0.0011 $1,300,000.001$1,300,000.00 *Numbers rounded for presentation purposes. This project will have no impact on the Water Department's operating budget when completed. Business Equity: William J. Schultz, Inc. dba Circle City's Business Equity Ordinance by committing to City's MWBE goal on this project is 12 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: C Construction Company is in compliance with the 12 percent MWBE participation on this project. The The Director of Finance certifies that funds are available in the Water & Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Misc 2022 Sewer Main Ext project to support the approval of the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS IFIDs),: TO Fund Department ccoun Project ctivity Budget Reference # moun ID 1 ID JProgram I Year (Chartfield 2) FROM Fun Department ccoun Project ctivity Budget Reference # moun ID ID JProgram Year (Chartfield 2) CERTIFICATIONS: apps.cfwnet,org/ecouncil/printmc.asp?id=30980&print=true&DocType=Print 2/3 6/1 /23, 10:56 AM M&C - Council Agenda Submitted for Citv Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Adolfo Lopez (7829) ATTACHMENTS 1. 60SSERRRCON2022-CIRCLEC 1295.pdf (CFW Internal) 2. 60SSERR RCON2022-CIRCLEC ComDMemo.pdf (CFW Internal) 3. 60SSERRRCON2022-CIRCLEC FID Table (WCF 03.26.23).xlsx (CFW Internal) 4. 60SSERRRCON2022-CIRCLEC funds availabilitv.pdf (CFW Internal) 5. 60SSERRRCON2022-ClRCLEC SAM.Ddf (CFW Internal) 6. ORD.APP 60SSERRRCON2022-CIRCLEC 56002 A023(r2) (2).docx (Public) 7. PBS CPN 104266.Ddf (CFW Internal) apps.cfwnet.org/ecouncil/printmc.asp?id=30980&print=true&DocType=Print 3/3 60SSERRRCON2022-CIRCLEC FID Table 56002 0700430 $1,300,000.00 $1,300,000.00 56002 0700430 4956001 104266 001330 1 9999 1 ($1,300,000.00) 1 1 1 j 56002 0700430 4956001 104266 2023 56002 0700430 5110101 104266 001330 2023 56002 0700430 5310350 104266 001330 2023 56002 0700430 5330500 104266 001330 2023 56002 0700430 5710010 104266 001340 2023 56002 0700430 5310350 I 104266 001340 2023 56002 0700430 5330500 I 104266 001340 I 2023 56002 0700430 5310350 104266 001380 I 2023 56002 0700430 5330500 104266 001380 2023 56002 0700430 5540101 I 104266 001380 2023 56002 0700430 5550102 104266 001380 2023 I` 56002 0700430 5740010 104266 001380 2023 56002 0700430 53103SO I 104266 001384 2023 56002 I 0700430 5330500 104266 001384 2023 56002 0700430 5310350 104266 001385 2023 56002 I 206000 104266 RETAIN ($1,300,000.00) $180,000.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 $500.00 $1,000.00 $11,000.00 $500.00 $500.00 $1,000,000.00 $5,000.00 $10,000.00 $79,500.00 FORTWORTH WATER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2022 City Project Number: 104266 ADDENDUM NO. 1 Release Date: December 27, 2022 Original Bid Date: January 05, 2023 Revised Bid Opening Date: January 19, 2023 Information to Bidders: Replace entire "00 21 13 Invitation to Bidders" document with the attached, revised Invitation to Bidders document. a. Note corrected advertisement and bid opening dates. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. Receipt Acknowledged: Chris Harder Director, Water De p rt n By: O u Tony S olola, P.E. Assistant Director WATER DEPARTMENT ENGINEERING AND FISCAL SERVICES THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-8240 * FAx 817-392-8195 0 Printed on recycled paper 00 11 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of SEWER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS CONTRACT 2022 CPN 104266 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, January 19, 2023 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. In lieu of delivering completed Business Equity (M/WBE) forms for the project to the Purchasing Office, bidders shall email the completed Business Equity forms to the City Project Manager no later than 2:00 p.m. on the third City business day after the bid opening date, exclusive of the bid opening date. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Sewer Main Extensions, Replacements, Relocations and services. TIME PERIOD AND RENEWALS The time period of this Agreement will be for one calendar year or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to two (2) additional one calendar year time periods or up to two (2) additional funded expenditures of $1,000,000.00 under the same terms, conditions and unit prices. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. 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 htto://www.fortworthtexas.izov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Bid Document Package httos://docs. b360.autodesk.com/shares/67dddabe-03c9-4d39-aO47-76915f74e2O9 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 3 Addenda Folder htti)s://docs.b360.autodesk.com/shares/13c4c727-dOd 8-4f6a-85de-6f9efdac7770 Copies of the Bidding and Contract Documents may be purchased from: Adolfo Lopez Water Department, Design Services 927 Taylor Street Fort Worth, Texas 76102 There is no cost for Bidding and Contract Documents. PREBIDCONFERENCE A prebid conference will not be held as discussed in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS Since a prebid conference is not being held, prospective bidders can email questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the email address listed below. Emailed questions will suffice as "questions in writing" and the requirement to formally main questions is suspended. If necessary, Addenda will be issues pursuant to the Instructions to Bidders. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at htti)://fortworthtexas.Lyov/DurchasinR/ CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Adolfo Lopez, City of Fort Worth Email: adolfo.lopez@fortworthtexas.gov Phone: (817) 392-7829 AND/OR Attn: Lawrence Hamilton,P.E., City of Fort Worth Email: Lawrence. hamilton@fortworthtexas.gov Phone: 817-392-2626 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised 7/19/2021 ADVERTISEMENT DATES November 24, 2022 December 1, 2022 END OF SECTION 00 11 13 INVITATION TO BIDDERS Page 3 of 3 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised 7/19/2021 FORTWORTH SEWER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2022 City Project Number: 104266 ADDENDUM NO. 2 Release Date: January 05, 2023 Original Bid Opening Date: January 05, 2023 Revised Bid Opening Date: January 19, 2023 Information to Bidders: 1. Prospective bidders are hereby informed that the heading for the project is Sewer Main Extensions, Replacements & Relocations Contract 2022 instead of Water Main Extensions, Replacements & Relocations Contract 2022 as listed on Addendum No. 1. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. Chris Harder Receipt Acknowledged: Director, Water De ar ment By: 6 n o H Tony Sholola, P.E. Assistant Director WATER DEPARTMENT ENGINEERING AND FISCAL SERVICES THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-8240 * FAX 817-392-8195 Cp Printed on recycled paper r SEWER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2022 City Project Number: 104266 ADDENDUM NO. 3 Release Date: January 19, 2023 Original Bid Opening Date: January 05, 2023 V Revised Bid Opening Date: January 19, 2023 2 d Revised Bid Opening Date: January 26, 2023 Information to Bidders: 1. Prospective bidders are hereby informed that the revised bid opening date for Sewer Main Extensions, Replacements and Relocations Contract 2022 is January 26, 2023. Please acknowledge receipt of the Addendum in the bid proposal and on the outside of the sealed envelope. Receipt Acknowledged: Chris Harder Director,, Water De art e t By: Aotul Tony Sholola,.P.E. Assistant Director WATER DEPARTMENT ENGINPVMNG AND FISCAL SERVICES THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TIXAS 76102 817-392-8240 * FAx 817-392-8195 a Printed on recycled paper 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of SEWER MAIN EXTENSIONS, REPLACEMENTS & RELOCATIONS CONTRACT 2022 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, September 22, 2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Sewer Main Extensions, Replacements, Relocations and services. TIME PERIOD AND RENEWALS The time period of this Agreement will be for one calendar year or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to two (2) additional one calendar year time periods or up to two (2) additional funded expenditures of $1,000,000.00 under the same terms, conditions and unit prices. The City shall provide at least sixty (60)days' notice to the Contractor of the City's intent to renew. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. 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 httD://www.fortworthtexas.P-ov/t)urchasinL-/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Bid Document Package httr)s://docs. b360.autodesk.com/shares/b3Od2O3l-7cO4-4a9c-82e4-68284fd4l 470 Addenda Folder httr)s://docs.b360.autodesk.com/shares/1 99580b2-0594-4377-886f-a8l7d52c7l 91 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 2 Copies of the Bidding and Contract Documents may be purchased from: Adolfo Lopez Water Department, Design Services 927 Taylor Street Fort Worth, Texas 76102 There is no cost for Bidding and Contract Documents. PREBID CONFERENCE A prebid conference will not be held as discussed in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS Since a prebid conference is not being held, prospective bidders can email questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the email address listed below. Emailed questions will suffice as "questions in writing" and the requirement to formally main questions is suspended. If necessary, Addenda will be issues pursuant to the Instructions to Bidders. EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Adolfo Lopez, City of Fort Worth Email: adolfo.lopez@fortworthtexas.gov Phone: (817) 392-7829 AND/OR Attn: Lawrence Hamilton,P.E., City of Fort Worth Email: Lawrence.hamilton@fortworthtexas.gov Phone: 817-392-2626 ADVERTISEMENT DATES August 25, 2022 September 1, 2022 END OF SECTION CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised 7/19/2021 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 0021 13 INSTRUCTIONS TO BIDDERS Page I of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIF I CATIONS and 00 45 12 PREQUALI F I CATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 I3 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs:Happs.fortworthtexas. aov/ProiectResources/ CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Paving — Requirements document located at: httDs://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2OPavina %20Contractor%2OPrecivalification%2OPro2ram/PREOUALIFICATION%20REO UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.ndf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httDs://anus.fortworthtexas.sov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%o2OPrecivalification/TPW%2ORoadwa Y%20and%2OPedestrian%2OLi1?htinl?%2OPreaualification%2OPros?ram/STREET% 20LIGHT%20PRE0UAL%20RE0MNTS.ndf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDs://ann s. fortworthtexas. vov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%20Sewer%2OContractor%2OPrea_ualification%2OPros_ ram/WSS%20nre aual%20reauirements.ndf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2. 1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Not Used 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Adolfo Lopez, Water Department Fax: (817) 392-2527 Email: adolfo.lopez@fortworthtexas.gov Phone: (817) 392-7829 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at <Insert Link to Documents>. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httos://codelibrarv.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 202I 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httDS://www.ethics.state.tx.us/data/forms/1295/1295.Ddf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104266 Revised/Updated November 2, 2021 0035 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercises discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. httt)s://www.ethics.state.tx.us/data/forms/conflict/CIQ.Pdf httDs://www.ethics.state.tx.us/data/forms/conflict/CIS.vdf dCIQ Form is on file with City Secretary Q CIQ Form is being provided to the City Secretary Q CIS Form does not apply Ea CIS Form is on File with City Secretary Q CIS Form is being provided to the City Secretary BI DER: aiw/� z 1rrG c�6� /b a m 61-C t l.1 4 Lmpo. y By: Company Address ,Zexesa (Please Print) / Signature: d- S� e O cS 7,1.1 Title: /�,PSIWo n City/State/Zip (Please Print) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 a MSERR2022 City Project No. 104266 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: SEWER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2022 City Project No.: 104266 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook.xlsx 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sewer main replacements. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 365 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary In. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook.xlsx 0041 00 BID FORM Page 3 of 3 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. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete Alternate Bid <use this if applicable, otherwise delete> Deductive Alternate<use this if applicable, otherwise Additive Alternate <use this if applicable, otherwise Total Bid 7. Bid Submittal $0.00 $0.00 $0.00 $0.00 i �' B> $0.00 4,S ZZ� loS%. OC This Bid is submitted on J nc.ovy 04, by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial / following Addenda: By: JAddendum No. 1: %SS (Signature) a, JAddendum No. 2: 7SS JAddendum No. 3: TSs-- �C/-Q�SQ cisftt�%ZJ JAddendum No. 4: (Printed NaXe) Title: Company ��� Q r,� f Stoics �7' Z �/7 L A� �t Cir�lt CCo�s>`ru��io•� C©��4" y' Address:�OO A LR ire in %> Alp— �or v�. / V 6 State of Incorporation: 7,e-�ros Email: -ISlC�I�yopLirclt t c-ova.s'l~r-?i'o n, C .6 Phone: 8/% - Z 93 -/8li 3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9130/2021 Corporate Seal: 00 41 00 Bid Proposal Workbook.xlsx ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 1. 0170.0102 100 Ea. Work Order Mobilization 017000 $ $3,500.00 $ $350,000.00 Per Each: Three Thousand Five Hundred Dollars and No Cents 2. 0170.0103 10 Ea. Work Order Emergency Mobilization 01 70 00 $ $6,000.00 $ $60,000.00 Per Each: Six Thousand Dollars and No Cents 3. 3331.5201 75 Lf. 6" PVC Sewer Pipe, 0' to 6' 33 31 20 $ $90.00 $ $6,750.00 Per Linear Foot: Ninety Dollars and No Cents 4. 3331.5204 75 Lf. 6" PVC Sewer Pipe, 6' to 8' 33 31 20 $ $95.00 $ $7,125.00 Per Linear Foot: Ninety Five Dollars and No Cents 5. 3331.5207 75 Lf. 6" PVC Sewer Pipe, 8' to 10' 33 31 20 $ $100.00 $ $7,500.00 Per Linear Foot: One Hundred Dollars and No Cents 6. 3331.5210 50 Lf. 6" PVC Sewer Pipe, 10'to 12' 33 31 20 $ $105.00 $ $5,250.00 Per Linear Foot: One Hundred Five Dollars and No Cents 7. 3331.5301 400 Lf. 8" PVC Sewer Pipe, 0' to 6' 33 31 20 $ $95.00 $ $38,000.00 Per Linear Foot: Ninety Five Dollars and No Cents 8. 3331.5304 500 Lf. 8" PVC Sewer Pipe, 6' to 8' 33 31 20 $ $100.00 $ $50,000.00 Per Linear Foot: One Hundred Dollars and No Cents 9. 3331.5307 500 Lf. 8" PVC Sewer Pipe, 8' to 10' 33 31 20 $ $105.00 $ $52,500.00 Per Linear Foot: One Hundred Five Dollars and No Cents B - 1 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 10. 3331.5310 300 Lf. 8" PVC Sewer Pipe, 10'to 12' 33 31 20 $ $110.00 $ $33,000.00 Per Linear Foot: One Hundred Ten Dollars and No Cents 11. 3331.5313 100 Lf. 8" PVC Sewer Pipe, 12' to 14' 33 31 20 $ $120.00 $ $12,000.00 Per Linear Foot: One Hundred Twenty Dollars and No Cents 12. 3331.5316 100 Lf. 8" PVC Sewer Pipe, 14' to 16' 33 31 20 $ $130.00 $ $13,000.00 Per Linear Foot: One Hundred Thirty Dollars and No Cents 13. 3331.5319 100 Lf. 8" PVC Sewer Pipe, 16' to 18' 33 31 20 $ $170.00 $ $17,000.00 Per Linear Foot: One Hundred Seventy Dollars and No Cents 14. 3331.5401 100 Lf. 10" PVC Sewer Pipe, 0' to 6' 33 31 20 $ $110.00 $ $11,000.00 Per Linear Foot: One Hundred Ten Dollars and No Cents 15. 3331.5404 100 Lf. 10" PVC Sewer Pipe, U to 8' 33 31 20 $ $120.00 $ $12,000.00 Per Linear Foot: One Hundred Twenty Dollars and No Cents 16. 3331,5407 100 Lf. 10" PVC Sewer Pipe, 8' to 10' 33 31 20 $ $130.00 $ $13,000.00 Per Linear Foot: One Hundred Thirty Dollars and No Cents 17. 3331.5410 50 Lf. 10" PVC Sewer Pipe, 10' to 12' 33 31 20 $ $150.00 $ $7,500.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 18. 3331.5413 50 Lf. 10" PVC Sewer Pipe, 12' to 14' 33 31 20 $ $170.00 $ $8,500.00 Per Linear Foot: One Hundred Seventy Dollars and No Cents B - 2 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 19. 3331.5416 50 Lf. 10" PVC Sewer Pipe, 14' to 16' 33 31 20 $ $185.00 $ $9,250.00 Per Linear Foot: One Hundred Eighty Five Dollars and No Cents 20. 3331.5419 50 Lf. 10" PVC Sewer Pipe, 16' to 18' 33 31 20 $ $210.00 $ $10,500.00 Per Linear Foot: Two Hundred Ten Dollars and No Cents 21. 3331.5504 50 Lf. 12" PVC Sewer Pipe, 6' to 8' 33 31 20 $ $140.00 $ $7,000.00 Per Linear Foot: One Hundred Forty Dollars and No Cents 22. 3331.5504 50 Lf. 12" PVC Sewer Pipe, 6' to 8' 33 31 20 $ $150.00 $ $7,500.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 23. 3331.5507 50 Lf. 12" PVC Sewer Pipe, 8' to 10' 33 31 20 $ $160.00 $ $8,000.00 Per Linear Foot: One Hundred Sixty Dollars and No Cents 24. 3331.5510 50 Lf. 12" PVC Sewer Pipe, 10' to 12' 33 31 20 $ $170.00 $ $8,500.00 Per Linear Foot: One Hundred Seventy Dollars and No Cents 25. 50 Lf. 12" PVC Sewer Pipe, 12' to 14' 33 31 20 $ $190.00 $ $9,500.00 Per Linear Foot: One Hundred Ninety Dollars and No Cents 26. 50 Lf. 12" PVC Sewer Pipe, 14' to 16' 33 31 20 $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 27. 50 Lf. 12" PVC Sewer Pipe, 16' to 18' 33 31 20 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents B - 3 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 28. 3331.5601 50 Lf. 15" PVC Sewer Pipe, 0' to 6' 33 31 20 $ $250.00 $ $12,500.00 Per Linear Foot: Two Hundred Fifty Dollars and No Cents 29. 3331.5604 50 Lf. 15" PVC Sewer Pipe, U to 8' 33 31 20 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 30. 3331.5607 50 Lf. 15" PVC Sewer Pipe, 8' to 10' 33 31 20 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 31. 3331.5610 50 Lf. 15" PVC Sewer Pipe, 10' to 12' 33 31 20 $ $380.00 $ $19,000.00 Per Linear Foot: Three Hundred Eighty Dollars and No Cents 32. 50 Lf. 15" PVC Sewer Pipe, 12' to 14' 33 31 20 $ $425.00 $ $21,250.00 Per Linear Foot: Four Hundred Twenty Five Dollars and No Cents 33. 50 Lf. 15" PVC Sewer Pipe, 14' to 16' 33 31 20 $ $475.00 $ $23,750.00 Per Linear Foot: Four Hundred Seventy Five Dollars and No Cents 34. 50 Lf. 15" PVC Sewer Pipe, 16' to 18' 33 31 20 $ $550.00 $ $27,500.00 Per Linear Foot: Five Hundred Fifty Dollars and No Cents 35. 3331.5231 50 Lf. 6" DIP Sewer Pipe, 0' to 6' 33 11 10 $ $180.00 $ $9,000.00 Per Linear Foot: One Hundred Eighty Dollars and No Cents 36. 3331.5234 50 Lf. 6" DIP Sewer Pipe, 6' to 8' 33 11 10 $ $190.00 $ $9,500.00 Per Linear Foot: One Hundred Ninety Dollars and No Cents B - 4 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 37. 3331.5237 50 Lf. 6" DIP Sewer Pipe, 8' to 10' 33 11 10 $ $200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 38. 3331.5240 50 Lf. 6" DIP Sewer Pipe, 10' to 12' 33 11 10 $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 39. 50 Lf. 6" DIP Sewer Pipe, 12' to 14' 33 11 10 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 40. 50 Lf. 6" DIP Sewer Pipe, 14' to 16' 33 11 10 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 41. 50 Lf. 6" DIP Sewer Pipe, 16' to 18' 33 11 10 $ $380.00 $ $19,000.00 Per Linear Foot: Three Hundred Eighty Dollars and No Cents 42. 3331.5331 50 Lf. 8" DIP Sewer Pipe, 0' to 6' 33 11 10 $ $200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 43. 3331.5334 50 Lf. 8" DIP Sewer Pipe, 6' to 8' 33 11 10 $ $210.00 $ $10,500.00 Per Linear Foot: Two Hundred Ten Dollars and No Cents 44. 3331.5337 50 Lf. 8" DIP Sewer Pipe, 8' to 10' 33 11 10 $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents 45. 3331.5340 50 Lf. 8" DIP Sewer Pipe, 10' to 12' 33 11 10 $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents B - 5 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 46. 3331.5343 50 Lf. 8" DIP Sewer Pipe, 12' to 14' 3311 10 $ $290.00 $ $14,500.00 Per Linear Foot: Two Hundred Ninety Dollars and No Cents 47. 3331.5346 50 Lf. 8" DIP Sewer Pipe, 14' to 16' 33 11 10 $ $340.00 $ $17,000.00 Per Linear Foot: Three Hundred Forty Dollars and No Cents 48. 3331.5349 50 Lf. 8" DIP Sewer Pipe, 16' to 18' 33 11 10 $ $390.00 $ $19,500.00 Per Linear Foot: Three Hundred Ninety Dollars and No Cents 49. 3331.5431 50 Lf. 10" DIP Sewer, 0' to 6' 33 11 10 $ $210.00 $ $10,500.00 Per Linear Foot: Two Hundred Ten Dollars and No Cents 50. 3331.5434 50 Lf. 10" DIP Sewer, 6' to 8' 3311 10 $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents 51. 3331.5437 50 Lf. 10" DIP Sewer, 8' to 10' 33 11 10 $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 52. 3331.5440 50 Lf. 10" DIP Sewer, 10' to 12' 33 11 10 $ $260.00 $ $13,000.00 Per Linear Foot: Two Hundred Sixty Dollars and No Cents 53. 3331.5444 50 Lf. 10" DIP Sewer, 12'to 14' 33 11 10 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 54. 3331.5446 50 Lf. 10" DIP Sewer, 14' to 16' 33 11 10 $ $310.00 $ $15,500.00 Per Linear Foot: Three Hundred Ten Dollars and No Cents B - 6 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 55. 3331.5449 50 Lf. 10" DIP Sewer, 16' to 18' 33 11 10 $ $410.00 $ $20,500.00 Per Linear Foot: Four Hundred Ten Dollars and No Cents 56. 3331.5531 50 Lf. 12" DIP Sewer, 0' to 6' 33 11 10 $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents 57. 3331.5534 50 Lf. 12" DIP Sewer, 6' to 8' 33 11 10 $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 58. 3331.5537 50 Lf. 12" DIP Sewer, 8' to 10' 33 11 10 $ $250.00 $ $12,500.00 Per Linear Foot: Two Hundred Fifty Dollars and No Cents 59. 3331.5540 50 Lf. 12" DIP Sewer, 10' to 12' 33 11 10 $ $260.00 $ $13,000.00 Per Linear Foot: Two Hundred Sixty Dollars and No Cents 60. 50 Lf. 12" DIP Sewer, 12' to 14' 33 11 10 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 61. 50 Lf. 12" DIP Sewer, 14' to 16' 33 11 10 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 62. 50 Lf. 12" DIP Sewer, 16'to 18' 33 11 10 $ $430.00 $ $21,500.00 Per Linear Foot: Four Hundred Thirty Dollars and No Cents 63. 3331.5731 50 Lf. 16" DIP Sewer, 0' to 6' 33 11 10 $ $310.00 $ $15,500.00 Per Linear Foot: Three Hundred Ten Dollars and No Cents B - 7 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 64. 3331.5734 50 Lf. 16" DIP Sewer, 6' to 8' 33 11 10 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 65. 3331.5737 50 Lf. 16" DIP Sewer, 8' to 10' 33 11 10 $ $360.00 $ $18,000.00 Per Linear Foot: Three Hundred Sixty Dollars and No Cents 66. 3331.5740 50 Lf. 16" DIP Sewer, 10' to 12' 33 11 10 $ $410.00 $ $20,500.00 Per Linear Foot: Four Hundred Ten Dollars and No Cents 67. 50 Lf. 16" DIP Sewer, 12' to 14' 33 1110 $ $460.00 $ $23,000.00 Per Linear Foot: Four Hundred Sixty Dollars and No Cents 68. 50 Lf. 16" DIP Sewer, 14' to 16' 3311 10 $ $510.00 $ $25,500.00 Per Linear Foot: Five Hundred Ten Dollars and No Cents 69. 50 Lf. 16" DIP Sewer, 16' to 18' 33 11 10 $ $630.00 $ $31,500.00 Per Linear Foot: Six Hundred Thirty Dollars and No Cents 6" PVC Sewer Pipe, Y to 6', CLSM 70. 3331.5807 50 Lf. Backfill 33 31 20 $ $200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 6" PVC Sewer Pipe, U to 8' , CLSM 71. 3331.5808 50 Lf. Backfill 33 31 20 $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents B - 8 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 6" PVC Sewer Pipe, 8' to 10' , CLSM 72. 3331.5809 50 Lf. Backfill 33 31 20 $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents 6" PVC Sewer Pipe, 10'to 12' , CLSM 73. 3331.5810 50 Lf. Backfill 33 31 20 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 6" PVC Sewer Pipe, 12' to 14' , CLSM 74. 50 Lf. Backfill 33 31 20 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 6" PVC Sewer Pipe, 14' to 16' , CLSM 75. 50 Lf. Backfill 33 31 20 $ $390.00 $ $19,500.00 Per Linear Foot: Three Hundred Ninety Dollars and No Cents 6" PVC Sewer Pipe, 16' to 18' , CLSM 76. 50 Lf. Backfill 33 31 20 $ $440.00 $ $22,000.00 Per Linear Foot: Four Hundred Forty Dollars and No Cents 8" PVC Sewer Pipe, 0' to 6', CLSM 77. 3331.5815 50 Lf. Backfill 33 31 20 $ $200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 8" PVC Sewer Pipe, 6' to 8', CLSM 78. 3331.5816 50 Lf. Backfill 33 31 20 $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents 8" PVC Sewer Pipe, 8' to 10' , CLSM 79. 3331.5817 50 Lf. Backfill 33 31 20 $ $340.00 $ $17,000.00 Per Linear Foot: Three Hundred Forty Dollars and No Cents B - 9 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 8" PVC Sewer Pipe, 10' to 12' , CLSM 80. 3331,5818 50 Lf. Backfill 33 31 20 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 8" PVC Sewer Pipe, 12' to 14' , CLSM 81. 3331.5819 50 Lf. Backfill 333120 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 8" PVC Sewer Pipe, 14' to 16' , CLSM 82. 3331.5820 50 Lf. Backfill 33 31 20 $ $390.00 $ $19,500.00 Per Linear Foot: Three Hundred Ninety Dollars and No Cents 8" PVC Sewer Pipe, 16' to 18' , CLSM 83. 3331.5821 50 Lf. Backfill 333120 $ $440.00 $ $22,000.00 Per Linear Foot: Four Hundred Forty Dollars and No Cents 10" PVC Sewer Pipe, 0' to 6' , CLSM 84. 3331.5830 50 Lf. Backfill 33 31 20 $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 10" PVC Sewer Pipe, 6' to 8', CLSM 85. 3331.5831 50 Lf. Backfill 33 31 20 $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents 10" PVC Sewer Pipe, 8' to 10', CLSM 86. 3331.5832 50 Lf. Backfill 333120 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 10" PVC Sewer Pipe, 10' to 12' , CLSM 87. 3331.5833 50 Lf. Backfill 33 31 20 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents B-10 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 10" PVC Sewer Pipe, 12' to 14' , CLSM 88. 3331.5834 50 Lf. Backfill 33 31 20 $ $460.00 $ $23,000.00 Per Linear Foot: Four Hundred Sixty Dollars and No Cents 10" PVC Sewer Pipe, 14' to 16' , CLSM 89. 3331.5835 50 Lf. Backfill 33 31 20 $ $530.00 $ $26,500.00 Per Linear Foot: Five Hundred Thirty Dollars and No Cents 10" PVC Sewer Pipe, 16' to 18' , CLSM 90. 3331.5836 50 Lf. Backfill 33 31 20 $ $610.00 $ $30,500.00 Per Linear Foot: Six Hundred Ten Dollars and No Cents 12" PVC Sewer Pipe, 0' to 6' , CLSM 91. 3331.5845 50 Lf. Backfill 33 31 20 $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents 12" PVC Sewer Pipe, 6' to 8' , CLSM 92. 3331.5846 50 Lf. Backfill 33 31 20 $ $250.00 $ $12,500.00 Per Linear Foot: Two Hundred Fifty Dollars and No Cents 12" PVC Sewer Pipe, 8' to 10', CLSM 93. 3331.5847 50 Lf. Backfill 33 31 20 $ $270.00 $ $13,500.00 Per Linear Foot: Two Hundred Seventy Dollars and No Cents 12" PVC Sewer Pipe, 10' to 12', CLSM 94. 3331.5848 50 Lf. Backfill 33 31 20 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 12" PVC Sewer Pipe, 12' to 14' , CLSM 95. 50 Lf. Backfill 33 31 20 $ $360.00 $ $18,000.00 Per Linear Foot: Three Hundred Sixty Dollars and No Cents B-11 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 12" PVC Sewer Pipe, 14' to 16' , CLSM 96. 50 Lf. Backfill 33 31 20 $ $430.00 $ $21,500.00 Per Linear Foot: Four Hundred Thirty Dollars and No Cents 12" PVC Sewer Pipe, 16' to 18' , CLSM 97. 50 Lf. Backfill 33 31 20 $ $510.00 $ $25,500.00 Per Linear Foot: Five Hundred Ten Dollars and No Cents 15" PVC Sewer Pipe, 0' to 6' , CLSM 98. 3331.5853 50 Lf. Backfill 33 31 20 $ $270.00 $ $13,500.00 Per Linear Foot: Two Hundred Seventy Dollars and No Cents 15" PVC Sewer Pipe, 6' to 8' , CLSM 99. 3331.5854 50 Lf. Backfill 33 31 20 $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 15" PVC Sewer Pipe, 8' to 10' , CLSM 100. 3331.5855 50 Lf. Backfill 33 31 20 $ $300.00 $ $15,000.00 Per Linear Foot: Three Hundred Dollars and No Cents 15" PVC Sewer Pipe, 10' to 12', CLSM 101. 3331.5856 50 Lf. Backfill 33 31 20 $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 15" PVC Sewer Pipe, 12' to 14' , CLSM 102. 50 Lf. Backfill 33 31 20 $ $360.00 $ $18,000.00 Per Linear Foot: Three Hundred Sixty Dollars and No Cents 15" PVC Sewer Pipe, 14' to 16' , CLSM 103. 50 Lf. Backfill 33 31 20 $ $430.00 $ $21,500.00 Per Linear Foot: Four Hundred Thirty Dollars and No Cents B-12 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 15" PVC Sewer Pipe, 16' to 18' , CLSM 104. 50 Lf. Backfill 33 31 20 $ $530.00 $ $26,500.00 Per Linear Foot: Five Hundred Thirty Dollars and No Cents 6" DIP Sewer Pipe, 0' to 6', CLSM 105. 3331.5811 50 Lf. Backfill $ $220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents 6" DIP Sewer Pipe, 6' to 8' , CLSM 106. 3331.5812 50 Lf. Backfill $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 6" DIP Sewer Pipe, 8' to 10' , CLSM 107. 3331.5813 50 Lf. Backfill $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents 6" DIP Sewer Pipe, 10' to 12' , CLSM 108. 3331.5814 50 Lf. Backfill $ $280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 6" DIP Sewer Pipe, 12' to 14' , CLSM 109. 50 Lf. Backfill $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 6" DIP Sewer Pipe, 14' to 16' , CLSM 110. 50 Lf. Backfill $ $390.00 $ $19,500.00 Per Linear Foot: Three Hundred Ninety Dollars and No Cents 6" DIP Sewer Pipe, 16' to 18' , CLSM 111. 50 Lf. Backfill $ $460.00 $ $23,000.00 Per Linear Foot: Four Hundred Sixty Dollars and No Cents B-13 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 8" DIP Sewer Pipe, 0' to 6' , CLSM 112. 3331.5822 50 Lf. Backfill $ $230.00 $ $11,500.00 Per Linear Foot: Two Hundred Thirty Dollars and No Cents 8" DIP Sewer Pipe, 6' to 8', CLSM 113. 3331.5823 50 Lf. Backfill $ $240.00 $ $12,000.00 Per Linear Foot: Two Hundred Forty Dollars and No Cents 8" DIP Sewer Pipe, 8' to 10' , CLSM 114. 3331.5824 50 Lf. Backfill $ $250.00 $ $12,500.00 Per Linear Foot: Two Hundred Fifty Dollars and No Cents 8" DIP Sewer Pipe, 10' to 12' , CLSM 115. 3331.5825 50 Lf. Backfill $ $300.00 $ $15,000.00 Per Linear Foot: Three Hundred Dollars and No Cents 8" DIP Sewer Pipe, 12' to 14' , CLSM 116. 3331.5826 50 Lf. Backfill $ $330.00 $ $16,500.00 Per Linear Foot: Three Hundred Thirty Dollars and No Cents 8" DIP Sewer Pipe, 14' to 16' , CLSM 117. 3331.5827 50 Lf. Backfill $ $390.00 $ $19,500.00 Per Linear Foot: Three Hundred Ninety Dollars and No Cents 8" DIP Sewer Pipe, 16' to 18' , CLSM 118. 3331.5828 50 Lf. Backfill $ $460.00 $ $23,000.00 Per Linear Foot: Four Hundred Sixty Dollars and No Cents 119. 3331.5837 50 Lf. 10" DIP Sewer, 0' to 6' , CLSM Backfill $ $260.00 $ $13,000.00 Per Linear Foot: Two Hundred Sixty Dollars and No Cents B-14 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 120. 3331.5838 50 Lf. 10" DIP Sewer, 6' to 8' , CLSM Backfill $ $270.00 $ $13,500.00 Per Linear Foot: Two Hundred Seventy Dollars and No Cents 121. 3331,5839 50 Lf. 10" DIP Sewer, 8' to 10', CLSM Backfill Per Linear Foot: Two Hundred Ninety Dollars and No Cents 122. 3331.5840 50 Lf. 10" DIP Sewer, 10' to 12', CLSM Backfill Per Linear Foot: Three Hundred Thirty Dollars and No Cents 123. 3331.5841 50 Lf. 10" DIP Sewer, 12' to 14' , CLSM Backfill Per Linear Foot: Four Hundred Ten Dollars and No Cents 124. 3331.5842 50 Lf. 10" DIP Sewer, 14' to 16' , CLSM Backfill Per Linear Foot: Four Hundred Eighty Dollars and No Cents 125. 3331.5843 50 Lf. 10" DIP Sewer, 16' to 18' , CLSM Backfill Per Linear Foot: Six Hundred Dollars and No Cents 126. 3331.5849 50 Lf. 12" DIP Sewer, 0' to 6' , CLSM Backfill Per Linear Foot: Two Hundred Seventy Dollars and No Cents 127. 3331.5850 50 Lf. 12" DIP Sewer, 6' to 8' , CLSM Backfill Per Linear Foot: Three Hundred Dollars and No Cents $ $290.00 $ $14,500.00 $ $330.00 $ $16,500.00 $ $410.00 $ $20,500.00 $ $480.00 $ $24,000.00 $ $600.00 $ $30,000.00 $ $270.00 $ $13,500.00 $ $300.00 $ $15,000.00 B-15 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. 128. 3331.5851 50 Lf. 12" DIP Sewer, 8' to 10' , CLSM Backfill Per Linear Foot: Three Hundred Dollars and No Cents 129. 3331.5852 50 Lf. 12" DIP Sewer, 10' to 12', CLSM Backfill Per Linear Foot: Three Hundred Fifty Dollars and No Cents 130. 50 Lf. 12" DIP Sewer, 12' to 14' , CLSM Backfill Per Linear Foot: Four Hundred Ten Dollars and No Cents 131. 50 Lf. 12" DIP Sewer, 14' to 16', CLSM Backfill Per Linear Foot: Four Hundred Eighty Dollars and No Cents 132. 50 Lf. 12" DIP Sewer, 16' to 18' , CLSM Backfill Per Linear Foot: Five Hundred Sixty Dollars and No Cents 133. 3331.5857 50 Lf. 16" DIP Sewer, 0' to 6' , CLSM Backfill Per Linear Foot: Three Hundred Ten Dollars and No Cents 134. 3331.5858 50 Lf. 16" DIP Sewer, 6' to 8' , CLSM Backfill Per Linear Foot: Three Hundred Twenty Dollars and No Cents 135. 3331.5859 50 Lf. 16" DIP Sewer, 8' to 10' , CLSM Backfill Per Linear Foot: Three Hundred Forty Dollars and No Cents UNIT TOTAL PRICE AMOUNT $ $300.00 $ $15,000.00 $ $350.00 $ $17,500.00 $ $410.00 $ $20,500.00 $ $480.00 $ $24,000.00 $ $560.00 $ $28,000.00 $ $310.00 $ $15,500.00 $ $320.00 $ $16,000.00 $ $340.00 $ $17,000.00 B-16 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 136. 3331.5860 50 Lf. 16" DIP Sewer, 10' to 12' , CLSM Backfill $ $370.00 $ $18,500.00 Per Linear Foot: Three Hundred Seventy Dollars and No Cents 137. 50 Lf. 16" DIP Sewer, 12' to 14' , CLSM Backfill Per Linear Foot: Four Hundred Ten Dollars and No Cents 138. 50 Lf. 16" DIP Sewer, 14' to 16', CLSM Backfill Per Linear Foot: Five Hundred Thirty Dollars and No Cents 139. 50 Lf. 16" DIP Sewer, 16' to 18' , CLSM Backfill Per Linear Foot: Six Hundred Sixty Dollars and No Cents 140. 3305.3001 50 Lf. 6" D.I. Sewer Carrier Pipe Per Linear Foot: Two Hundred Twenty Dollars and No Cents 141. 3305.3002 50 Lf. 8" D.I. Sewer Carrier Pipe Per Linear Foot: Two Hundred Thirty Dollars and No Cents 142. 3305.3003 50 Lf. 10" D.I. Sewer Carrier Pipe Per Linear Foot: Two Hundred Seventy Dollars and No Cents 143. 3305.3004 50 Lf. 12" D.I. Sewer Carrier Pipe Per Linear Foot: Three Hundred Twenty Dollars and No Cents $ $410.00 $ $20,500.00 $ $530.00 $ $26,500.00 $ $660.00 $ $33,000.00 33 05 24 $ $220.00 $ $11,000.00 33 05 24 $ $230.00 $ $11,500.00 33 05 24 $ $270.00 $ $13,500.00 33 05 24 $ $320.00 $ $16,000.00 B-17 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 144. 3305.3006 50 Lf. 16" D.I. Sewer Carrier Pipe 33 05 24 $ $400.00 $ $20,000.00 Per Linear Foot: Four Hundred Dollars and No Cents 145. 3305.1001 50 Lf. 12" Casing By Open Cut 33 05 22 $ $400.00 $ $20,000.00 Per Linear Foot: Four Hundred Dollars and No Cents 146. 3305.1002 50 Lf. 16" Casing By Open Cut 3305 22 $ $450.00 $ $22,500.00 Per Linear Foot: Four Hundred Fifty Dollars and No Cents 147. 3305.1003 50 Lf. 20" Casing By Open Cut 33 05 22 $ $500.00 $ $25,000.00 Per Linear Foot: Five Hundred Dollars and No Cents 148. 3305.1004 50 Lf. 24" Casing By Open Cut 33 05 22 $ $550.00 $ $27,500.00 Per Linear Foot: Five Hundred Fifty Dollars and No Cents 149. 3305.1005 50 Lf. 30" Casing By Open Cut 33 05 22 $ $650.00 $ $32,500.00 Per Linear Foot: Six Hundred Fifty Dollars and No Cents 150. 3305.1101 50 Lf. 12" Casing By Other Than Open Cut 33 05 22 $ $800.00 $ $40,000.00 Per Linear Foot: Eight Hundred Dollars and No Cents 151. 3305.1102 50 Lf. 16" Casing By Other Than Open Cut 33 0522 $ $900.00 $ $45,000.00 Per Linear Foot: Nine Hundred Dollars and No Cents 152. 3305.1003 50 Lf. 20" Casing By Other Than Open Cut 33 05 22 $ $1,000.00 $ $50,000.00 Per Linear Foot: One Thousand Dollars and No Cents B-18 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 153. 3305.1104 50 Lf. 24" Casing By Other Than Open Cut 33 05 22 $ $1,100.00 $ $55,000.00 Per Linear Foot: One Thousand One Hundred Dollars and No Cents 154. 3305.1105 50 Lf. 30" Casing By Other Than Open Cut 33 05 22 $ $1,200.00 $ $60,000.00 Per Linear Foot: One Thousand Two Hundred Dollars and No Cents 155. 50 Lf. Bore & Jack 8" D.I. Sewer Pipe $ $800.00 $ $40,000.00 Per Linear Foot: Eight Hundred Dollars and No Cents 156. 50 Lf. Bore & Jack 10" D.I. Sewer Pipe $ $900.00 $ $45,000.00 Per Linear Foot: Nine Hundred Dollars and No Cents 157. 50 Lf. Bore & Jack 12" D.I. Sewer Pipe $ $1,000.00 $ $50,000.00 Per Linear Foot: One Thousand Dollars and No Cents 158. 50 Lf. Bore & Jack 16" D.I. Sewer Pipe $ $1,200.00 $ $60,000.00 Per Linear Foot: One Thousand Two Hundred Dollars and No Cents 159. 0330.0001 50 Lf. Concrete Encase Sewer Pipe 03 30 00 $ $200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 160. 3301.0001 1000 Lf. Pre -CCTV Inspection 330131 $ $10.00 $ $10,000.00 Per Linear Foot: Ten Dollars and No Cents 161. 3301.0002 1000 Lf. Post -CCTV Inspection 33 01 31 $ $10.00 $ $10,000.00 Per Linear Foot: Ten Dollars and No Cents B-19 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 162. 3305.0109 200 Lf. Trench Safety 33 05 10 $ $10.00 $ $2,000.00 Per Linear Foot: Ten Dollars and No Cents Exploratory Excavation of Existing 163. 3305.0103 5 Ea. Utilities (0'-5') 33 05 30 $ $2,000.00 $ $10,000.00 Per Each: Two Thousand Dollars and No Cents Exploratory Excavation of Existing 164. 3305.0103 5 Ea. Utilities (5'-10') 33 05 30 $ $2,500.00 $ $12,500.00 Per Each: Two Thousand Five Hundred Dollars and No Cents Exploratory Excavation of Existing 165. 3305.0103 5 Ea. Utilities (10'-20') 33 05 30 $ $3,500.00 $ $17,500.00 Per Each: Three Thousand Five Hundred Dollars and No Cents 166. 3339.1001 30 Ea. 4' Dia. Manhole (0'-6' Depth) 33 39 10, 33 39 20 $ $8,000.00 $ $240,000.00 Per Each: Eight Thousand Dollars and No Cents 167. 3339.1003 10 Vf. 4' Dia. Manhole Extra Depth 33 39 10, 33 39 20 $ $350.00 $ $3,500.00 Per Vertical Foot: Three Hundred Fifty Dollars and No Cents 168. 3339.1002 20 Ea. 4' Dia. Drop Manhole (0'-6' Depth) 33 39 10, 33 39 20 $ $10,000.00 $ $200,000.00 Per Each: Ten Thousand Dollars and No Cents 169. 10 Vf. 4' Dia. Drop Manhole Extra Depth 33 39 10, 33 39 20 $ $400.00 $ $4,000.00 Per Vertical Foot: Four Hundred Dollars and No Cents B-20 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 170. 3339.1004 20 Ea. 4' Dia. Shallow Cone Section Manhole 33 39 10, 33 39 20 $ $8,000.00 $ $160,000.00 Per Each: Eight Thousand Dollars and No Cents 171. 3339.1005 5 Ea. 4' Dia. Type A Manhole (0'-6' Depth) 33 39 10, 33 39 20 $ $12,000.00 $ $60,000.00 Per Each: Twelve Thousand Dollars and No Cents 172. 5 Vf. 4' Dia. Type A Manhole Extra Depth $ $400.00 $ $2,000.00 Per Vertical Foot: Four Hundred Dollars and No Cents 173. 3339.1006 5 Ea. 4' Dia. Fiberglass Manhole (0'-6' Depth) 33 39 30 $ $8,000.00 $ $40,000.00 Per Each: Eight Thousand Dollars and No Cents 174. 5 Vf. 4' Dia. Fiberglass Manhole Extra Depth $ $350.00 $ $1,750.00 Per Vertical Foot: Three Hundred Fifty Dollars and No Cents 4' Dia. Fiberglass Drop Manhole (0'-6' 175. 3339.1007 5 Ea. Depth) 33 39 30 $ $10,000.00 $ $50,000.00 Per Each: Ten Thousand Dollars and No Cents 4' Dia. Fiberglass Drop Manhole Extra 176. 5 Vf. Depth $ $400.00 $ $2,000.00 Per Vertical Foot: Four Hundred Dollars and No Cents 4' Dia. Fiberglass Type A Manhole (0'- 177. 3339.1010 5 Ea. 6' Depth) 33 39 30 $ $1,200.00 $ $6,000.00 Per Each: One Thousand Two Hundred Dollars and No Cents B-21 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 4' Dia. Fiberglass Type A Manhole Extra 178. 5 Vf. Depth $ $400.00 $ $2,000.00 Per Vertical Foot: Four Hundred Dollars and No Cents External Drop Into Existing Manhole 179. 10 Ea. (Up to 6' of Drop) $ $10,000.00 $ $100,000.00 Per Each: Ten Thousand Dollars and No Cents External Drop Extra Depth (Over 6' of 180. 5 Vf. Depth) $ $450.00 $ $2,250.00 Per Vertical Foot: Four Hundred Fifty Dollars and No Cents Internal Drop into Existing M.H. 181. 5 Vf. (Up to 6' of Drop) $ 9,000.00 $ $45,000.00 Per Vertical Foot: Nine Thousand Dollars and No Cents Internal Drop Extra Depth 182. 10 Ea. (Over 6' of Drop) $ 450.00 $ $4,500.00 Per Each: Four Hundred Fifty Dollars and No Cents 183. 3339.1101 5 Ea. 5' Dia. Manhole (0'-6' Depth) 33 39 10, 33 39 20 $ 9,500.00 $ $47,500.00 Per Each: Nine Thousand Five Hundred Dollars and No Cents 184. 3339.1103 5 Vf. 5' Dia. Manhole Extra Depth 33 39 10, 33 39 20 $ 400.00 $ $2,000.00 Per Vertical Foot: Four Hundred Dollars and No Cents 185. 3339.1102 5 Ea, 5' Dia. Drop Manhole (0'-6' Depth) 33 39 10, 33 39 20 $ 11,000-00 $ $55,000.00 Per Each: Eleven Thousand Dollars and No Cents B-22 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 186. 10 Vf. 5' Dia. Drop Manhole Extra Depth $ 450.00 $ $4,500.00 Per Vertical Foot: Four Hundred Fifty Dollars and No Cents 187. 3339.1104 10 Ea. 5' Dia. Shallow Manhole Per Each: Eight Thousand Dollars and No Cents 188. 3339.1105 5 Ea. 5' Dia. Type A Manhole (0'-6' Depth) Per Each: One Thousand Three Hundred Dollars and No Cents 189. 5 Vf. 5' Dia. Type A Manhole Extra Depth Per Vertical Foot: Four Hundred Fifty Dollars and No Cents 33 39 10, 33 39 20 $ 8,000.00 $ $80,000.00 33 39 10, 33 39 20 $ 1,300.00 $ $6,500.00 $ 450.00 $ $2,250.00 190. 3339.1106 10 Ea. 5' Dia. Fiberglass Manhole (0'-6' Depth) 33 39 30 $ 10,000.00 $ $100,000.00 Per Each: Ten Thousand Dollars and No Cents 191. 5 Vf. 5' Dia. Fiberglass Manhole Extra Depth PerVerticaI Foot: Four Hundred Dollars and No Cents 5' Dia. Fiberglass Drop Manhole 192. 3339.1107 5 Ea. (0'-6' Depth) Per Each: Eleven Thousand Dollars and No Cents 5' Dia. Fiberglass Drop Manhole Extra 193. 5 Vf. Depth Per Vertical Foot: Four Hundred Fifty Dollars and No Cents $ 400.00 $ $2,000.00 33 39 30 $ 11,000.00 $ $55,000.00 $ 450.00 $ $2,250.00 B-23 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 5' Dia. Fiberglass Type A Manhole 194. 3339.1110 5 Ea. (0'-6' Depth) 33 39 30 $ 13,000.00 $ $65,000.00 Per Each: Thirteen Thousand Dollars and No Cents 5' Dia. Fiberglass Type A Manhole Extra 195. 5 Vf. Depth $ 500.00 $ $2,500.00 Per Vertical Foot: Five Hundred Dollars and No Cents Wastewater Access Chamber 196. 3339.0003 5 Ea. (Any Depth) 33 39 40 $ 10,000.00 $ $50,000.00 Per Each: Ten Thousand Dollars and No Cents 197. 3305.0112 30 Ea. Concrete Collar 33 05 17 $ 650.00 $ $19,500.00 Per Each: Six Hundred Fifty Dollars and No Cents 198. 3301.0101 30 Ea. Manhole Vacuum Testing 330130 $ 250.00 $ $7,500.00 Per Each: Two Hundred Fifty Dollars and No Cents Manhole Adjustment, Minor 199. 3305.0107 10 Ea. (Grade Ring Adjustment) 33 05 14 $ 3,000.00 $ $30,000.00 Per Each: Three Thousand Dollars and No Cents Manhole Adjustment, Major (Structural 200. 3305.0106 10 Ea. Modification) 33 05 14 $ 5,000.00 $ $50,000.00 Per Each: Five Thousand Dollars and No Cents 201. 3305.0114 10 Ea. Manhole Adjustment, Major w/ Cover 33 05 14 $ 5,000.00 $ $50,000.00 Per Each: Five Thousand Dollars and No Cents B-24 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 202. 60 Sf. Interior Coat Manhole $ 45.00 $ $2,700.00 Per Each: Forty Five Dollars and No Cents 203. 0241.5001 10 Ea. Abandon Manhole 02 41 14 $ 1,200.00 $ $12,000.00 Per Each: One Thousand Two Hundred Dollars and No Cents 204. 0241.2201 10 Ea. Remove 4' Dia. Sewer Manhole 02 41 14 $ 1,500.00 $ $15,000.00 Per Each: One Thousand Five Hundred Dollars and No Cents 205. 0241.2202 10 Ea. Remove 5' Dia. Sewer Manhole 02 41 14 $ 2,000.00 $ $20,000.00 Per Each: Two Thousand Dollars and No Cents 206. 0241.2001 20 Cy. Sanitary Line Grouting 02 41 14 $ 250.00 $ $5,000.00 Per Cubic Yard: Two Hundred Fifty Dollars and No Cents 207. 0241.2101 10 Ea. 4" Sewer Abandonment Plug 02 41 14 $ 1,500.00 $ $15,000.00 Per Each: One Thousand Five Hundred Dollars and No Cents 208. 0241.2102 10 Ea. 6" Sewer Abandonment Plug 02 41 14 $ 2,000.00 $ $20,000.00 Per Each: Two Thousand Dollars and No Cents 209. 0241.2103 10 Ea. 8" Sewer Abandonment Plug 02 41 14 $ 2,000.00 $ $20,000.00 Per Each: Two Thousand Dollars and No Cents 210. 0241.2104 5 Ea. 10" Sewer Abandonment Plug 024114 $ 2,500.00 $ $12,500.00 Per Each: Two Thousand Five Hundred Dollars and No Cents B-25 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 211. 0241.2105 5 Ea. 12" Sewer Abandonment Plug 02 41 14 $ 3,000.00 $ $15,000.00 Per Each: Three Thousand Dollars and No Cents 212. 0241.2106 5 Ea. 15" Sewer Abandonment Plug 024114 $ 3,500.00 $ $17,500.00 Per Each: Three Thousand Five Hundred Dollars and No Cents 213. 0241.2107 5 Ea. 16" Sewer Abandonment Plug 02 41 14 $ 4,000.00 $ $20,000.00 Per Each: Four Thousand Dollars and No Cents 214. 20 Ea, 4" Sewer Service Tap $ 1,800.00 $ $36,000.00 Per Each: One Thousand Eight Hundred Dollars and No Cents 215. 3331.3101 50 Lf. 4" PVC Sewer Service Line 33 31 50 $ 55.00 $ $2,750.00 Per Linear Foot: Fifty Five Dollars and No Cents 216. 3331.3103 50 Lf. 4" Bored Sewer Service Line 33 31 50 $ 150.00 $ $7,500.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 217. 3331.3106 50 Lf. 4" DIP Sewer Service Line 33 31 50 $ 120.00 $ $6,000.00 Per Linear Foot: One Hundred Twenty Dollars and No Cents 218. 3331.3107 50 Lf. 4" DIP Bored Sewer Service Line 33 31 50 $ 200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 219. 3331.3105 50 Lf. 4" Private Sewer Service Line 33 31 50 $ 90.00 $ $4,500.00 Per Linear Foot: Ninety Dollars and No Cents B-26 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 220. 3331.3109 50 Lf. 4" DIP Private Sewer Service ine 33 31 50 $ 150.00 $ $7,500.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 221. 3331.3102 20 Ea. 4" 2-Way PVC Cleanout 33 31 50 $ 800.00 $ $16,000.00 Per Each: Eight Hundred Dollars and No Cents 222. 10 Ea. 4" 2-Way Cast Iron Cleanout 33 31 50 $ 1,250.00 $ $12,500.00 Per Each: One Thousand Two Hundred Fifty Dollars and No Cents 223. 20 Ea. 4" Private Service Line PVC Cleanout $ 550.00 $ $11,000.00 Per Each: Five Hundred Fifty Dollars and No Cents 224. 50 Ea. 6" Sewer Service Tap $ 2,000.00 $ $100,000.00 Per Each: Two Thousand Dollars and No Cents 225. 3331.3201 50 Lf. 6" PVC Sewer Service Line 33 31 50 $ 65.00 $ $3,250.00 Per Linear Foot: Sixty Five Dollars and No Cents 226. 3331.3203 50 Lf. 6" Bored Sewer Service Line 33 31 50 $ 200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 227. 3331.3206 50 Lf, 6" DIP Sewer Service Line 33 31 50 $ 150.00 $ $7,500.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 228. 3331.3207 50 Lf. 6" DIP Bored Sewer Service Line 33 31 50 $ 220.00 $ $11,000.00 Per Linear Foot: Two Hundred Twenty Dollars and No Cents B-27 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 229. 3331.3205 50 Lf. 6" Private Sewer Service Line 33 31 50 $ 100.00 $ $5,000.00 Per Linear Foot: One Hundred Dollars and No Cents 230. 3331.3209 50 Lf. 6" DIP Private Sewer Service Line 33 31 50 $ 200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents 231. 3331.3202 50 Ea. 6" 2-way PVC Cleanout 33 31 50 $ 800.00 $ $40,000.00 Per Each: Eight Hundred Dollars and No Cents 232. 10 Ea. 6" 2-way Cast Iron Cleanout 33 31 50 $ 1,500.00 $ $15,000.00 Per Each: One Thousand Five Hundred Dollars and No Cents 233. 20 Ea. 6" Private Service Line PVC Cleanout $ 800.00 $ $16,000.00 Per Each: Eight Hundred Dollars and No Cents 234. 20 Ea. 8" Sewer Service Tap $ 2,000.00 $ $40,000.00 Per Each: Two Thousand Dollars and No Cents 235. 3331.3301 50 Lf. 8" PVC Sewer Service Line 33 31 50 $ 120.00 $ $6,000.00 Per Linear Foot: One Hundred Twenty Dollars and No Cents 236. 3331.3303 50 Lf. 8" Bored Sewer Service Line 33 31 50 $ 250.00 $ $12,500.00 Per Linear Foot: Two Hundred Fifty Dollars and No Cents 237. 3331.3306 50 Lf. 8" DIP Sewer Service Line 33 31 50 $ 200.00 $ $10,000.00 Per Linear Foot: Two Hundred Dollars and No Cents B-28 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 238. 3331.3308 50 Lf. 8" DIP Bored Sewer Service Line 33 31 50 $ 280.00 $ $14,000.00 Per Linear Foot: Two Hundred Eighty Dollars and No Cents 239. 3331.3305 50 Lf. 8" Private Sewer Service Line 33 31 50 $ 110.00 $ $5,500.00 Per Linear Foot: One Hundred Ten Dollars and No Cents 240. 3331.3310 50 Lf. 8" DIP Private Sewer Service Line 33 31 50 $ 160.00 $ $8,000.00 Per Linear Foot: One Hundred Sixty Dollars and No Cents 241. 3331.3302 20 Ea. 8" 2-way PVC Cleanout 33 31 50 $ 900.00 $ $18,000.00 Per Each: Nine Hundred Dollars and No Cents 242. 20 Ea. 8" 2-way Cast Iron Cleanout 33 31 50 $ 1,500.00 $ $30,000.00 Per Each: One Thousand Five Hundred Dollars and No Cents 243. 20 Ea. 8" Private Service Line PVC Cleanout $ 1,200.00 $ $24,000.00 Per Each: One Thousand Two Hundred Dollars and No Cents Plumbing Permit for Sewer Service 244. 1 Ea. Inspection $ $32.82 $ 32.82 Per Each: Thirty Two Dollars and Eighty Two Cents 245. 3137.0101 20 Sy. Concrete Riprap 31 37 00 $ 250.00 $ $5,000.00 Per Square Yard: Two Hundred Fifty Dollars and No Cents 246. 3137.0102 20 Cy. Large Stone Riprap, dry 31 37 00 $ 250.00 $ $5,000.00 Per Cubic Yard: Two Hundred Fifty Dollars and No Cents B-29 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 247. 3137.0103 20 Cy. Large Stone Riprap, grouted 31 37 00 $ 300.00 $ $6,000.00 Per Cubic Yard: Three Hundred Dollars and No Cents 248. 3305.0203 100 Cy. Imported Embedment/Backfill, CLSM Per Cubic Yard: Two Hundred Eighty Dollars and No Cents Imported Embedment/Backfill, Crushed 249. 3305.0204 50 Cy. Rock Per Cubic Yard: Sixty Five Dollars and No Cents 250. 3305.0204 50 Cy. Imported Embedment/Backfill, Type B Per Cubic Yard: Forty Dollars and No Cents 251. 50 Sy. Type B Concrete (#2500) Per Square Yard: Two Hundred Fifty Dollars and No Cents 252. 50 Sy. Type E Concrete (#1500) Per Square Yard: Two Hundred Fifty Dollars and No Cents 253. 3292.0100 20 Sy. Block Sod Placement Per Square Yard: Twenty Dollars and No Cents 254. 3292.0200 20 Sy. Seeding, Broadcast Per Square Yard: Ten Dollars and No Cents 33 05 10 $ 280.00 $ $28,000.00 33 05 10 $ 65.00 $ $3,250.00 33 05 10 $ 40.00 $ $2,000.00 $ 250.00 $ $12,500.00 $ 250.00 $ $12,500.00 32 92 13 $ 20.00 $ $400.00 32 92 13 $ 10.00 $ $200.00 B-30 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 255. 3292.0400 20 Sy. Seeding, Hydromulch 32 92 13 $ 15.00 $ $300.00 Per Square Yard: Fifteen Dollars and No Cents 256. 3292.0500 20 Sy. Seeding, Soil Retention Blanket 32 92 13 $ 30.00 $ $600.00 Per Square Yard: Thirty Dollars and No Cents 257. 3213.0301 40 Sy. 4" Conc Sidewalk 32 13 20 $ 130.00 $ $5,200.00 Per Square Yard: One Hundred Thirty Dollars and No Cents 258. 3213.0351 20 Sy. 4" Conc Sidewalk, Exposed Aggregate 32 13 20 $ 160.00 $ $3,200.00 Per Square Yard: One Hundred Sixty Dollars and No Cents 259. 3213.0401 50 Sy. 6" Concrete Driveway 32 13 20 $ 150.00 $ $7,500.00 Per Square Yard: One Hundred Fifty Dollars and No Cents 6" Concrete Driveway, Exposed 260. 3213.0451 20 Sy. Aggregate 32 13 20 $ 180.00 $ $3,600.00 Pe r Squa re Ya rd: One Hundred Eighty Dollars and No Cents 261. 3216.0101 60 Lf. 6" Conc Curb and Gutter 32 16 13 $ 65.00 $ $3,900.00 Per Linear Foot: Sixty Five Dollars and No Cents 6" Conc Curb & Gutter Attached to 262. 60 Lf. Conc Pvmt. 32 16 13 $ 65.00 $ $3,900.00 Per Linear Foot: Sixty Five Dollars and No Cents B-31 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 263. 3216.0301 20 Sy. 9" Conc Valley Gutter, Residential 321613 $ 150.00 $ $3,000.00 Per Square Yard: One Hundred Fifty Dollars and No Cents 11" Conc Valley Gutter, 264. 3216.0302 20 Sy. Arterial/Industrial 321613 $ 250.00 $ $5,000.00 Per Square Yard: Two Hundred Fifty Dollars and No Cents 265. 3201.0150 100 Lf. Asphalt Pvmt Repair, Sewer Service 32 01 17 $ 65.00 $ $6,500.00 Per Linear Foot: Sixty Five Dollars and No Cents 4' Wide Asphalt Pvmt Repair, 266. 3201.0111 100 Lf. Residential 32 01 17 $ 85.00 $ $8,500.00 Per Linear Foot: Eighty Five Dollars and No Cents 5' Wide Asphalt Pvmt Repair, 267. 3201.0112 300 Lf. Residential 32 01 17 $ 95.00 $ $28,500.00 Per Linear Foot: Ninety Five Dollars and No Cents 6' Wide Asphalt Pvmt Repair, 268. 3201.0113 300 Lf. Residential 3201 17 $ 110.00 $ $33,000.00 Per Linear Foot: One Hundred Ten Dollars and No Cents 269. 3201.0121 300 Lf. 4' Wide Asphalt Pvmt Repair, Arterial 32 01 17 $ 130.00 $ $39,000.00 Per Linear Foot: One Hundred Thirty Dollars and No Cents 270. 3201.0122 300 Lf. 5' Wide Asphalt Pvmt Repair, Arterial 32 01 17 $ 140.00 $ $42,000.00 Per Linear Foot: One Hundred Forty Dollars and No Cents B-32 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 271. 3201.0123 300 Lf. 6' Wide Asphalt Pvmt Repair, Arterial 32 01 17 $ 150.00 $ $45,000.00 Per Linear Foot: One Hundred Fifty Dollars and No Cents 272. 3201.0131 300 Lf. 273. 3201.0132 300 Lf, 274. 3201.0133 300 Lf. 275. 3201.0201 300 Sy. 276. 3201.0202 300 Sy. 277. 3201.0203 300 Sy. 278. 3201.0301 100 Sy. 4' Wide Asphalt Pvmt Repair, Industria! Per Linear Foot: One Hundred Twenty Dollars and No Cents 5' Wide Asphalt Pvmt Repair, Industrial Per Linear Foot: One Hundred Thirty Dollars and No Cents 6' Wide Asphalt Pvmt Repair, Industrial Per Linear Foot: One Hundred Fifty Dollars and No Cents Asphalt Pvmt Repair Beyond Defined Width, Residential Per Square Yard: Fifty Dollars and No Cents Asphalt Pvmt Repair Beyond Defined Width, Arterial Per Square Yard: Sixty Dollars and No Cents Asphalt Pvmt Repair Beyond Defined Width, Industrial Per Square Yard: Seventy Dollars and No Cents 2" Thick Extra Width Asphalt Pavment Repair Per Square Yard: Fifty Dollars and No Cents 32 01 17 $ 120.00 $ $36,000.00 32 01 17 $ 130.00 $ $39,000.00 32 01 17 $ 150.00 $ $45,000.00 32 01 17 $ 50.00 $ $15,000.00 32 01 17 $ 60.00 $ $18,000.00 32 01 17 $ 70.00 $ $21,000.00 32 01 17 $ 50.00 $ $5,000.00 B-33 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 3" Thick Extra Width Asphalt Pavment 279. 3201.0302 100 Sy. Repair 32 01 17 $ 60.00 $ $6,000.00 Per Square Yard: Sixty Dollars and No Cents 4" Thick Extra Width Asphalt Pavment 280. 3201.0303 100 Sy. Repair 32 01 17 $ 70.00 $ $7,000.00 Per Square Yard: Seventy Dollars and No Cents 281. 3201.0303 75 Lf. Temporary Asphalt Paving Repair 32 01 17 $ 50.00 $ $3,750.00 Per Linear Foot: Fifty Dollars and No Cents 282. 3211.0112 40 Sy. 6" Flexible Base, Type B, GR-1 32 11 23 $ 50.00 $ $2,000.00 Per Square Yard: Fifty Dollars and No Cents 283. 3211.0122 40 Sy. 6" Flexible Base, Type B, GR-2 32 11 23 $ 50.00 $ $2,000.00 Per Square Yard: Fifty Dollars and No Cents 284. 200 Sy. High Early Strengh Conc. $ 250.00 $ $50,000.00 Per Square Yard: Two Hundred Fifty Dollars and No Cents 285. 3201.0614 300 Sy. Conc Pvmt Repair, Residential 32 01 29 $ 140.00 $ $42,000.00 Per Square Yard: One Hundred Forty Dollars and No Cents 286. 3201.0616 300 Sy. Conc Pvmt Repair, Arterial/Industrial 32 01 29 $ 150.00 $ $45,000.00 Per Square Yard: One Hundred Fifty Dollars and No Cents B-34 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT Conc. Pvmt, Repair Beyond Defined 287. 300 Sy. Width, Residential $ 160.00 $ $48,000.00 Per Square Yard: One Hundred Sixty Dollars and No Cents Conc. Pvmt. Repair Beyond Defined 288. 100 Sy. Width, Arterial/Industrial $ 170.00 $ $17,000.00 Per Square Yard: One Hundred Seventy Dollars and No Cents 289. 3214.0100 50 Sy. Brick Pvmt Repair 32 14 16 $ 2,250.00 $ $112,500.00 Per Square Yard: Two Thousand Two Hundred Fifty Dollars and No Cents 290. 3214.0400 50 Sy. Brick Pvmt Repair (City Supplied) 321416 $ 200.00 $ $10,000.00 Per Square Yard: Two Hundred Dollars and No Cents 291. 3305.0001 5 Ea. 4" Waterline Lowering 33 05 12 $ 6,500.00 $ $32,500.00 Per Each: Six Thousand Five Hundred Dollars and No Cents 292. 3305.0002 5 Ea. 6" Waterline Lowering 33 05 12 $ 7,500.00 $ $37,500.00 Per Each: Seven Thousand Five Hundred Dollars and No Cents 293. 3305.0003 5 Ea. 8" Waterline Lowering 33 05 12 $ 8,500.00 $ $42,500.00 Per Each: Eight Thousand Five Hundred Dollars and No Cents 294. 3305.0004 5 Ea. 10" Waterline Lowering 33 05 12 $ 12,500.00 $ $62,500.00 Per Each: Twelve Thousand Five Hundred Dollars and No Cents 295. 3305.0005 5 Ea. 12" Waterline Lowering 33 05 12 $ 14,500.00 $ $72,500.00 Per Each: Fourteen Thousand Five Hundred Dollars and No Cents B-35 ITEM BID LIST DESCRIPTION OF ITEMS WITH SPECIFICATIO UNIT TOTAL NO. ITEM NO. QTY. BID PRICES WRITTEN IN WORDS N SECTION NO. PRICE AMOUNT 296. 3471.0003 25 Ea. Traffic Control 34 71 13 $ 2,500.00 $ $62,500.00 Per Each: Two Thousand Five Hundred Dollars and No Cents 297. 25 Ea. Street Use Permit $ 100.00 $ $2,500.00 Per Each: One Hundred Dollars and No Cents TOTAL AMOUNT BID $ $6,773,907.82 B-36 MERCHANT S� BONDING COMPANYa, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: Bond No. N/A That William J. Schultz, Inc. dba Circle C Construction Company, P. O. Box 40328. Fort Worth, TX 76140 (hereinafter called the Principal) as Principal, and the Merchants Bonding Company (Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to Citv of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 (hereinafter called the Obligee) in the full and just sum of ( 5% of Greatest Amount Bid Five Per Cent of Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 26th day of January 2023 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Construction of Sewer Main Extensions, Replacements & Relocations Contract 2022 City Project No. 104266 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Company (Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: Witness urety: Attics X j . John A. Miller William J. Schultz, Inc. dba Circle C Construction Company Principal By cf c�r.r .e Tereselly, President Merchants Bo i ompany (Mt 4t4Z0_W1_ By Sheryl A. Klutts, orney-in-Fact CON 0333 (2/15) MERCHANT'710�, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of December 2022 •"'��"''•.,� •... •. MERCHANTS BONDING COMPANY (MUTUAL) P�rppq<O�Q�NP.C�ijjA.• MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 `�; y; 1933 c: By .p•�•b`�ly.' �1• President STATE OF IOWA .,��� 1'7 ••�.•' • . • • . COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. t f" Ai Kim tee o Ummisssm Number 702737 ` My Commission Expires ' April 14, 2624 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of January 2023 4. 101- v 2003 1933 'y : Secretary • ' v�y. .dam. t%� � •'rJ��' � '•�•�jY.. it • • •�1.•. POA0018 (10/22) """ ••••�• MERCHANT�� BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTLJAL.) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 , DES MOINES, IOWA 50306-3498 , (800) 678-8171 - (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of o r company or our parent company or majority owner is in the State of Texas. BIDDER: Ci cha/-/z 1�2c v��R , �J By: /P/P�so 47 CSDO �% / :a,-n/-7 PcS'c � � (Signature) Title: �pcS/�Pn7 Date: / 4?W • Z END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook.xlsx Pa SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 3 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalifiedor 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. I04266 Revised August 13, 2021 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to perform the prequalified work types until the expiration date stated in the letter. 8 END OF SECTION CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0045 12- 1 PREQUALIFICATION STATEMENT Page 1 of I SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Prequalification Contractor/Subcontractor Company Name Type Expiration Date % CG'en.t�rkcfon y-90 -Z3 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BID E c he Company (Plea rint) Signature:' Address �7 D Title: City/State/Zip (Please Print) Date: / - Zo!� - Z.3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 30, 2021 MSERR2022 City Project No. 104266 FORT WORTH(,,. SECTION 00 45 13 PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) Telephone Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company City State Zip Code City State Zip Code ( 1 Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category— Water Dept - Water/sewer Work Category— TPW Paving Work Category— TPW Ped/Rdwy Lighting iohn.kasavich(&FortWorthTexas.eov Alicia.Garcia(a)fortworthtexas.eov clint.hooverafortworthtexas.gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW Transportation Fiscal Services Division 200 Texas St. Fort Works Dept. 8851 Camp Bowie West Blvd. Fort Management Attn: Clint Hoover, P.E. 5001 Worth, TX 76102 Worth, Texas 76116 Attn: Alicia Garcia James Ave. Fort Worth, TX 76115 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application' 0045 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ❑ Has fewer than 100 employees and/or ❑ Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): MAJOR WORK CATEGORIES _ Water Department Augur Boring - 24-inch diameter casing and less _ Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less _ Cathodic Protection _ Water Distribution, Development, 8-inch diameter and smaller _ Water Distribution, Urban and Renewal, 8-inch diameter and smaller _ Water Distribution, Development, 12-inch diameter and smaller _ Water Distribution, Urban and Renewal, 12-inch diameter and smaller _ Water Transmission, Development, 24-inches and smaller _ Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller _ Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes _ Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger _ CCTV, 8-inches and smaller _ CCTV, 12-inches and smaller _ CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 MSERR2022 City Project No. 104266 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED _ CCTV, 42-inches and smaller _ CCTV, 48-inches and smaller _ Sewer CIPP, 12-inches and smaller _ Sewer CIPP, 24-inches and smaller _ Sewer CIPP, 42-inches and smaller _ Sewer CIPP, All Sizes _ Sewer Collection System, Development, 8-inches and smaller _ Sewer Collection System, Urban/Renewal, 8-inches and smaller _ Sewer Collection System, Development, 12-inches and smaller _ Sewer Collection System, Urban/Renewal, 12-inches and smaller _ Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller _ Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller _ Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller _ Sewer Pipe Enlargement, All Sizes _ Sewer Cleaning, 24-inches and smaller _ Sewer Cleaning, 42-inches and smaller _ Sewer Cleaning, All Sizes _ Sewer Cleaning, 8-inches and smaller _ Sewer Cleaning, 12-inches and smaller _ Sewer Siphons 12-inches or less _ Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) _ Asphalt Paving Construction/Reconstruction (I5,000 square yards and GREATER) _ Asphalt Paving Heavy Maintenance (UNDER $1,000,000) _ Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) _ Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)* _ Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb & gutter, driveways, and panel replacement, only concrete paving CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 0045 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY -COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 CORPORATION BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 PARTNERSHIP BLOCK If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? File No. (if Limited Partnership) General Partners/Officers Limited Partners (if applicable) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 MSERR2022 City Project No. 104266 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Ij 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised August 13, 2021 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 104266. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CO TJ�ACTOR: 12 C- /, 11"C017 f1,- elo„ Cv�r op h N 13 Company 14 15 Lj DD A) -4" // 041e 16 Address 17 By: 1PrisA (Please Print) n� / Signature: 18 15i7414ai 11 Title: 19 j City/State/Zip (Please Print) 20 21 MICHELE S LANKF01M):v 22 23 THE STATE OF TEXAS §o'; Notary Public STATE OF TEXAS Notary ID # 1176946-6 24 COUNTY OF TARRANT § 0. k. My Comm, F p. October 7, 2023 25 26 BEFORE ME, the undersigned authority, on this day personally appeared 27 Titsa .S.A✓le. , known to me to be the person whose name is 28 subscribed to the for6going instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of, of-, -„ t for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 33jcfi 20-C. 34 35 36 1 l 37 Notary Public in and for the State f xas 38 39 END OF SECTION 40 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Pagel of 2 SECTION 00 45 40 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.251.65-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httl)s:Hcodelibrarv.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 12 % of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Prot6g6 Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6ge participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httns://aons.fortworthtexas.izov/ProiectResources/ResourcesP/60%20- 46 %20MWBE/NEW%20Business%20Eauity%200rdinance/Business%20Eauity%20Utilization%20Form. 47 pdf - - 48 49 Letter of Intent CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httns://ands.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/NEW Business Equitv 2 Ordinance/Letter of Intent-202 Lvdf 3 4 Business Equity Good Faith Effort Form 5 httns://arms.fortworthtexas.2ov/ProiectResources/ResourcesP/60%20- 6 %20MWBE/NEW%20Business%20Eauity%200rdinanceBusiness%20Eauity%20Good%20Faith%20Ef 7 fort%20Form.Odf 8 9 Business Equity Prime Contractor Waiver Form 10 httrs://arms.fortworthtexas.aov/ProiectResources/ResourcesP/60%20- 11 %20MWBE/NEW%20Business%20Eauity%200rdinanceBusiness%20Eauity%20Prime%20Contractor 12 %20Waiver.Ddf 13 14 Business Equity Joint Venture Form 15 httDs://arms.fortworthtexas.2ov/ProiectResources/ResourcesP/60%20- 16 %20MWBE/NEW%20Business%20Eauity%200rdinanceBusiness%20Eauity%20Joint%20Venture.rdf 17 18 19 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 20 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 21 REJECTED. 22 23 24 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 25 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 26 RESPONSIVE. THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 27 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 28 29 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 30 Inclusion at (817) 392-2674. 31 END OF SECTION 32 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised October 27, 2021 005243- 1 Agreen.ciit Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on MAY _� is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and William J. Schultz, Inc. dba Circle_ C Construction Company authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: SEWER MAIN EXTENSIONS, REPLACEMENTS AND RELOCATIONS CONTRACT 2022 City Project No. 104266 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of ___ One Million --Dollars (S 1 000 000.00 __ t. Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 365 days after the date when the Contract Time commences to rum, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Four Hundred Twenty and 00/100 Dollars ($420.00 for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. DRD 1 CITY OF FORT WORTH ®FFICIAr F 41 MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CI '� 1� J[ R City Project No 104266 Revised 11/23/2021 FT W TMg T 005243-2 Agi cement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds li. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attaclunent or, if' not attached, as incorporated by reference and described in the Table of Contents of the PrQject's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being soup -lit were caused, in whole or in mart, by aliv act, omission or ne0ip-ence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT' wORfH MISERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised 11/23/2021 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even it it is alleged or proven that all or some of the damates being sout?ht were caused, in whole or in part, by anv act, omission or neylittence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Nori-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional; void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governinn Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be 'Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any, kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH MSERIU022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project N,). 1.04266 Rmsed 1 1 /23/2021 00 52 43 - 4 Agicemeni Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the 'texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company' and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full -titre employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH MSERK2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised 11/23/2021 OOS243-S Ag eement Page 5 of (i 7.11 immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform/ work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARAMESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract .Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH MSERR2022 SfANDARL) CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 104266 Revised 11/23/2021 005243-6 Agrcement Page 6 of 6 TN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: William J. Schultz, Inc. dba Circle C Construction Company Signature Teresa S. Skelly (Printed Name) President Title 500 W. Trammell 1). O. Box 40328 Address Fort Worth, TX 76140 City/State/Zip 5�9 / 0OZ3 Date City of Fort Worth By: I�A,fZGL SLGYAG Dana eurghdpff (Oct , 202349CDT) Dana Burghdoff Assistant City Manager Oct 19, 2023 Date Attest: nnette Goodall, City Secretary PA (Seal) 0. M&C: Z 3 0 3 S 3 � *goo Date: S Gi to 1,3 aaa T Form 1295 No.: U�00, —�1ySy �>ZAj Contract Compliance Manager: By signing, I acknowledge that 1 am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. �Ur'ltNt�ik / 1 A�IA.vw 4, wrence Hamilton, P.E. Senior Professional Engineer Approved as to Form and Legality: PAIrl 1 Dpl- (Oct 17.2023 20:14 CDT) Douglas W. Black Sr. Assistant City Attorney CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11/232021 APPROVAL RECOMMENDED: Chris pher Na er (Oci 16, 20231<:54 CDT) Chris Harder, Director Water , uni- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX MSGR R2022 City Project No. 104266 0061 13 - 1 PERFORMANCE BOND Page 1 of 2 BOND NO. TXC616789 1 SECTION 00 6113 2 PEIGORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, _William J. Schultz�Ine_dba Circle C CoI15,quctioo Co��Ily_____, known as 9 "Principal" herein and Merchants Bonding Cor anMutual) , a corporate 10 surety (sure ties, if more than one) duly authorized to do business in the State of Texas, known as 1 I "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 13 sum of, One Million Dollars ($ 1,000,000.00 ), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which 15 sum well and truly to be made, we birld ourselves, our heirs, executors, administrators, successors 16 and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the day of MAY 9 h , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as Sewer Main Extensions, Replacements and 22 Relocations Contract 2022; City Project No. 104266 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, "Texas or the United States District Court for the Northern District of Texas, Fort. 3 t Worth Division. ClI'Y OF FORT WORI'Il MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMIENI'S City Piplect No. 104266 Revised July 1, 2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is rliade 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 SfGNED and SEALED 5 this instrument by duly authorized agents and officers on this the day of 6 W......_., 20 23 . 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ATTEST: (.Principal) Secretary Michele S. L rkfo� Witness as to .Principal 7 Witness as to SurOoA.Miller PRINCIPAL: William.. J_$cllultz,..IjlQ_ {ha Circle C Can parry By: Signature Teresa S. Skelly President m_.. -- - ..........�......._....�....._ .......�..__ ------- .............. Name and Title Address: 500 Trammell ..P 0 Bqz 40328 Fort W.nrth,_T SURETY: ...._..... ...... ......._..... ... ....— -- Mer.c.W"Yenatturei`gZ t.._ u BY:1 SherytA. Mulls. Attornev-in-Fact Name and Title Address:....G.7.00.Vh.�:atovt:n..I'.a.rkuk:C ................._ West D.cs._M.Oines.,._I_A....SQ266 .......... Telephone Number:.... (109)678-A171 ........... 41 *Note: If signed by an officer of the Surety Company, there mast 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 C1"ry OF FORT WORTII MSERR2022 STANDARD CONSTRUC11ON SPECIFICATION DOCUMENTS City Project No. 1042.66 Revised July 1.2011 MERCHANTS"414, BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of March 2023 "''•.. ....... • MERCHANTS BONDING COMPANY (MUTUAL) P11p Y4� #% O�olk!Gi Jp • MERCHANTS NATIONAL BONDING, INC. VL /Q9•. O • A 0 ©94.-f dlbla MERCHANTS NATIONAL INDEMNITY COMPANY v 2003 o • y 1933 c; By %.� !� : '. ..... • ;� �. President STATE OFIOWA .,• %f •.•` �'•.•��•.•� COUNTY OF DALLAS ss. """"`. On this 20th day of March 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Csmmiss n NumbireT37 My G;,mmissiioEn xpe;res r� ApH 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2023 G�RFO0 -. Rgit'CO Z = ��cOQ Q9q�+gy.� 0 _ ' 2003 ��; a 1933 c Secretary POA 0018 (10/22) ...... • 0061 14 - 1 PAYMENT BOND Page 1 of"2 BOND NO. TXC616789 I SECTION 00 6114 2 PAYMFNT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, William J. Schultz. Inc. dba Circle C Construction Company , known as 9 "Principal" herein, and „MerchantsBondnCm}�any,J9tttual) __..""__"""""".._ a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 1 I "Surety" herein (whether one or snore), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the penal sum of 0r1e Million Dollars ($ 1,000,000.00 ), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of 15 which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 day of MAY 9 Z023 , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if hilly set forth herein, to fumish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Sewer Main Extensions, Replacements and Relocations 22 Contract 2022; City Project No. 104266 23 NOW, THEREFORE, THE CONDITION OF TIES 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. CI"rY OF FORT WORTH MSERR202.2. STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS City Project No, 104266 Revised July 1, 2011 1 2 3 4 5 6 7 3 9 t0 12 006114-2 PAYMENT BOND Page 2 of 2 IN WTI'NESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of MAY 9 200 2023 ATTEST: (Principal) Secretary Michele S ankford — _............_ ...... ... .... Witness as to Principal PRINCIPAL: William. _J_Scl ultz, Inc dba . Circle C Construction Cunlp.any...---._.._._..._..__ BY:..�- Signature _l'.ei_esa S_5k.,., ,.I'resident _...__._...._. Name and Title Address: 500 Trammell P._0. Box 4032f3_......._........_................_.__...._._ Folwt l�'t2tlkt...TX. 761.4..... ... ....... --- SURETY: Mel:c llag Qay_ (MUW ATTEST-': BY: Signature _1................................................................................................ . ._.. (Surety) Secretary NUltness as to_§At�/Uin A. Miller Sliervl A. Klutts, Attorney -in -Fact ..-...._.._......... _..... .. ,Name and Title Address: 6700 Westown Parkway West Des Moines IA 50266 Telephone Number: �800�C7$8171 Note: If. signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. if Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORE WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MSF..RR2022 City Project No. L042.66 MERCHANTS BONDING COMPANY=" POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller, Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of March 2023 •""""••. • • ...... MERCHANTS BONDING COMPANY (MUTUAL) • •.�P�10Nq�'� .. • .aovliG cQA•• MERCHANTS NATIONAL BONDING, INC. �y V�RPOR9�F • �O�a41P0q��9y� • d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ; • a'� 1933=c; By J�//��� �11�• •••b�y� .: �1�3.•' President •.'Y . �,• 1.a STATE OF IOWA •.,���� •• • •. COUNTY OF DALLAS ss. On this 20th day of March 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Gommis6on Numbet 7027.17 u z My C mmissm Expires � �1 Apel 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2023 ......... h?•oRPOR4•%0% :yy0.•QE�PQ99.9y•. S 2003 �. • Q. 1933 Q c' Secretary . v'. Y. POA 0018 (10/22) """ 0061 19 - 1 MAINTENANCE BOND Page I of 3 BOND NO. TXC616789 i SECTION 00 6119 2 MAINTENANCE; BOND 3 4 THE STA'.I".E; OF TEXAS § 5 § KNOW ALL BY TI3ESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we William J. Schultz, Inc. dba Circle C Construction Coman� known as 9 "Principal" herein and _Merchants Bonding Company (Mutual) , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as t I "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the sum of One Million Dollars ($ 1,000 000.00 ), lawful money of 14 the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum 15 well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the day of MAY 9 2023 , 20 23 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as Sewer Main Extensions, 24 Replacements and Relocations Contract 2022; City Project No. 104266; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WOR TH M8ERIU022 STANT.)AR.D CONSTRUCTION SPECiFiCATiON DOCUMENTS City Protect No. 1042.66 Revised July 1, 2011 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation sliall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct ally timely 7 noticed defective Work,, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 1 i PROVIDED FURTHER, that if any legal action be filed oil this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 11 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 C1fY OF FORT WORTH MSERR2022 s,rANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 006119-3 MAINTENANCE BOND Page 3 of 3 I .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 __ day of 3 MAY 9 ZOZ3 20.23 5 6 7 8 9 10 11 1.2 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ATTEST: m (Principal) Secretary Michel r.La Witness as to Principal ATTEST: (S )Secretary `Witness as to Surety Jo in A. Miller PRINCIPAL: William J. Schultz_ Inc. db i .. Circle C Construct' BY: ,Gc c . coe fs Signature „Teresa S. Skelly t�resident _. ..... ...... I .. ....... ..... .... . Name and Title Address: 500 Trammell P. 0 Box 40328 Fort Worth. TX 76140 SI.JRETY: Merchants# B ing_C42�Z ,y(,MuWal�L_ Signature Sheryl A. Klutts, AJ1QM!Zy, Ili- Name and Title Address: _6700 WestQwn Par way ............................. I .cst I sMoincs,JA..542.6,6.......... _ Telephone Number: (HQOZ678-8171 37 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to Sign such obligation. if 39 Surety's physical address is ditTerent from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 MERCHANT'S"4 �, BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of March 2023 .•" • • "' • • MERCHANTS BONDING COMPANY (MUTUAL) •'P(10Nq� ••Q�NG CQMA•• MERCHANTS NATIONAL BONDING, INC. ::��•ORPO%�0: q•e; �O?��tPOA' .9 d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v'• 2003 `� a' 1933 c: By ••••• �..`� '' ••�•. \�••• President STATE OF IOWA COUNTY OF DALLAS ss."""'.. •• On this 20th day of March 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Number 702737 My Commission Expires ,aril 14, 2024 lJ i✓ Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2023 ••.�N••.., . •. �0 p'11 ql •.; � a0•'N oPO• _ 2003 1933 c • Secretary ;�,,`•. . �� •ate:; POA 0018 (10/22) "" MERCHANTS BONDING COMPANYT. MERCHANTS BONDING COMPANY (MUTUAL.) • MERCHANTS NATIONAL. BONDING. INC:. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8 17 1 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) POLICY NUMBER: CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insure Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 2 Copyright 2020 FCC[ Insurance Group. Insured Copy POLICYNUMBER: CPP100047109-04 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an `occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy Policy #CPP100051064 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage...................................................................................................................................... 9 BailBonds................................................................................................................................................................... 9 BlanketWaiver of Subrogation................................................................................................................................. 14 BodilyInjury and Property Damage........................................................................................................................... 1 Care, Custody or Control............................................................................................................................................ 3 Contractors Errors and Omissions............................................................................................................................. 6 Contractual Liability (Personal & Advertising Injury).................................................................................................. 2 ElectronicData Liability.............................................................................................................................................. 1 GeneralLiability Conditions...................................................................................................................................... 13 IncidentalMalpractice................................................................................................................................................. 9 Insured........................................................................................................................................................................ 9 Limited Product Withdrawal Expense........................................................................................................................ 3 Limitsof Insurance................................................................................................................................................... 11 Lossof Earnings......................................................................................................................................................... 9 LostKey Coverage..................................................................................................................................................... 8 Newly Formed or Acquired Organizations............................................................................................................... 11 Non -Owned Watercraft............................................................................................................................................... 1 Property Damage Liability — Borrowed Equipment.................................................................................................... 1 Tenant's Property and Premises Rented To You...................................................................................................... E VoluntaryProperty Damage....................................................................................................................................... 2 QUOTE Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per `occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage' in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the `occurrence' that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence' that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage' caused by an 'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage' arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product' arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence' until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product' incurred because of a "product withdrawal' to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal'; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal' (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect' was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product'. (2) If a "product withdrawal' is initiated, you must: (a) Immediately record the specifics of the "product withdrawal' and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal'. 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect' means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product' which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product' which are known or suspected to have been tampered with. c. "Product withdrawal' means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect' in "your product', or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. 'Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal': (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product', or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product', "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller' as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION 11— WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the 'bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury', "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one `occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the `occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an 'occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an 'occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this 'occurrence" may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group QUOTE Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Copy Policy #CAA100051065 COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos",- (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FCC] Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto' under this coverage form and the lessor of the covered "auto' is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto', we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto' under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such 'loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto' you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto' is a covered "auto' for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCC] Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows. - A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to. - (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Policy #CAA100051065 COMMERCIAL AUTOMOBILE Y CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. ...exasmutu WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/12/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0002051085 of Texas Mutual Insurance Company effective on 8/12/22 Issued to: WILLIAM J SCHULTZ INC DBA: CIRCLE C CONSTRUCTION COMPANY This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 8/11122 WC 42 03 04 B N Ln 0 0 0 0 w F_ S N Ln 0 Ln W N a i v N 0 0 V Policy #CUP2S886795 UMBRELLA EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW -FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS -MADE BASIS WHEN FOLLOWING CLAIMS -MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE -WITHIN -LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means 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 VI - DEFINITIONS. SECTION 1 - COVERAGES A. COVERAGE A - EXCESS FOLLOW -FORM LIABILITY 1. We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obligated to pay as damages to which Coverage A of this insurance applies, provided that the "underlying insurance" would apply to such damages but for the exhaustion of its applicable limits of insurance. If a sublimit is specified in any "underlying insurance", Coverage A of this insurance applies to damages that are in excess of that sublimit only if such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance. 2. Coverage A of this insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except with respect to any provisions to the contrary contained in this insurance. 3. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE. 4. For the purposes of Paragraph 1. above: a. The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance will be considered to be reduced or exhausted only by the following payments: (1) Payments of judgments or settlements for damages that are covered by that "underlying insurance". However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow -Form And Umbrella Liability Insurance, any such payments for damages that would not be covered by this Excess Follow - Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance"; (2) Payments of "medical exp- enses" that are covered by that "underlying insurance" and are incurred for "bodily injury" caused by an accident that takes place during the policy period of this Excess Follow - Form And Umbrella Liability Insurance; or EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 23 UMBRELLA (3) Payments of defense expenses "property damage", "personal injury" that are covered by that or "advertising injury" to which "underlying insurance", only if Coverage B of this insurance applies. such "underlying insurance" includes such payments within 2. Coverage B of this insurance applies , 'property "bodily the limits of insurance. to injury" or However, if such "underlying damage" only if: insurance" has a policy period a. The "bodily injury" or "property which differs from the policy damage" is caused by an period of this Excess Follow- "occurrence" that takes place Form And Umbrella Liability anywhere in the world; Insurance, any such payments for defense expenses that b. The "bodily injury" or "property would not be covered by this damage" occurs during the policy Excess Follow -Form And period; and Umbrella Liability Insurance C. Prior to the policy period, no because of its different policy insured listed under Paragraph 1. period will not reduce or in Paragraph B., COVERAGE B — exhaust the applicable limit of UMBRELLA LIABILITY, of SECTION II — insurance stated for such "underlying WHO IS AN INSURED and no insurance". "employee" authorized by you to If the applicable limit of insurance give or receive notice of an stated for the policies of "occurrence" or claim, knew that "underlying insurance" in the the "bodily injury" or "property Schedule Of Underlying Insurance damage" had occurred, in whole is actually reduced or exhausted or in part. If such a listed insured by other payments, Coverage A of or authorized "employee" knew, this insurance is not invalidated. prior to the policy period, that the However, in the event of a loss, "bodily injury" or "property we will pay only to the extent damage" occurred, in whole or in that we would have paid had such part, then any continuation, change limit not been actually reduced or or resumption of such "bodily exhausted by such other payments. injury" or "property damage" b. If any "underlying insurance" has during or after the policy period will be deemed to have been a limit of insurance greater than known prior to the policy period. the amount shown for that insurance in the Schedule of 3. Coverage B of this insurance applies Underlying Insurance, this to "personal injury" or "advertising insurance will apply in excess of injury" caused by an offense arising that greater amount. If any out of your business, but only if the "underlying insurance" has a limit offense was committed during the of insurance, prior to any policy period anywhere in the world. reduction or exhaustion by payment of damages, 'medical 4. The amount we will pay for damages expenses" or defense expenses is limited as described in SECTION III described in Paragraph a. above, — LIMITS OF INSURANCE. that is less than the amount 5. "Bodily injury" or "property damage": shown for that insurance in the Schedule Of Underlying Insurance, a Which occurs during the policy this insurance will apply in excess period; and of the amount shown for such b. Which was not prior to, but was insurance in the Schedule Of during, the policy period known to Underlying Insurance. have occurred by any insured 5. When the "underlying insurance" listed under Paragraph 1. in applies on a claims -made basis and Paragraph B., COVERAGE B — includes a retroactive date provision, UMBRELLA LIABILITY of SECTION II — the retroactive date for Coverage A WHO IS AN INSURED, or any of this insurance is the same as the "employee" authorized by you to retroactive date of that "underlying give notice of an "occurrence" or insurance". claim; B. COVERAGE B — UMBRELLA LIABILITY includes any continuation, change or 1. We will pay on behalf of the insured resumption of the "bodily injury" or or"property damage" after the end of those sums in excess of the "self- the policy period. insured retention" that the insured becomes legally obligated to pay as 6. "Bodily injury" or "property damage" damages because of "bodily injury", will be deemed to have been known Page 2 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N o UMBRELLA 0 O 0 to have occurred at the earliest time b. End when we decide that the when any insured listed under crisis no longer exists or when Paragraph 1. in Paragraph B., COVERAGE the Crisis Management Service B — UMBRELLA LIABILITY, of SECTION II Expenses Limit has been — WHO IS AN INSURED or any exhausted, whichever occurs first. "employee" authorized by you to give 4. The amount we will pay for "crisis or receive notice of an "occurrence" management service expenses" is 0 or claim: limited as described in SECTION III — o a Reports all, or any part, of the LIMITS OF INSURANCE. F "bodily injury" or "property 5. A "self -insured retention" does not g damage" to us or any other apply to crisis management service insurer; expenses". b. Receives a written or verbal demand or claim for damages 6. Any payment of "crisis management 11) o because of the "bodily injury" or service expenses" that we make will property damage"; or not be determinative of our obligations under this insurance with * c. Becomes aware by any other respect to any claim or "suit" or means that the "bodily injury" or create any duty to defend or "property damage" has occurred indemnify any insured for any claim C9 or has begun to occur. or "suit". 7. Damages because of "bodily injury" D. DEFENSE AND SUPPLEMENTARY PAYMENTS W v include damages claimed by any 1. We will have the right and duty to person or organization for care, loss defend the insured: of services or death resulting at any time from the "bodily injury". a. Under Coverage A, against a "suit" 0 8. Coverage B of this insurance does seeking damages to which such 0 not apply to damages covered by any coverage applies, if: "underlying insurance" or that would (1) The "applicable underlying * have been covered by any "underlying limit" is the applicable limit of insurance" but for the exhaustion of insurance stated for a policy its applicable limit of insurance. of "underlying insurance" in C. COVERAGE C — CRISIS MANAGEMENT the Schedule Of Underlying SERVICE EXPENSES Insurance and such limit has been exhausted solely due to 1. We will reimburse the insured, or pay payments as permitted in on the insured's behalf, "crisis Paragraphs 4.a.(1), (2) and (3) of management service expenses" to COVERAGE A — EXCESS FOLLOW — which Coverage C applies. FORM LIABILITY of SECTION I — 2. Coverage C of this insurance applies COVERAGES; or to "crisis management service (2) The "applicable underlying expenses" that: limit" is the applicable limit of a Arise out of a "crisis management any "other insurance" and such event" that first commences limit has been exhausted by _ during the policy period; payments of judgments, settle- ments or medical expenses, or ARROW b. Are incurred by the insured, after related costs or expenses (if a "crisis management event" first such costs or expenses reduce commences and before such event such limits). I _ d ens; and For any "suit" for which we have i♦ C. Are submitted to us within 180 the right and duty to defend the days after the "crisis management insured under Coverage A, defense a� advisor" advises you that the expenses will be within the limits "crisis management event" no of insurance of this policy when longer exists. such expenses are within the 3. A "crisis management event" will be limits of insurance of the ' applicable "underlying insurance ; deemed to: or a First commence at the time when "executive b. Under Coverage B, against a "suit" any officer" first "event" seeking damages to which such becomes aware of an or "occurrence" coverage applies. that leads to that "crisis management event"; and 2. We have no duty to defend any insured against any "suit": EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 23 UMBRELLA a. Seeking damages to which this insurance does not apply; or b. If any other insurer has a duty to defend. 3. When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement of any claim or "suit" for damages to which this insurance may apply. If we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits of insurance. 4. Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits of insurance of this policy. 5. We will pay, with respect to a claim we investigate or settle, or "suit" against an insured we defend: a All expenses we incur. b. The cost of: C. d. e. f (1) Bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies; or (2) Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. 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. All interest that accrues on the full amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance, we will not pay any interest that accrues on that portion of the judgment. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A - EXCESS FOLLOW -FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying insurance" provides for such payments in addition to its limits of insurance. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE B - UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance. SECTION II - WHO IS AN INSURED A. COVERAGE A - EXCESS FOLLOW -FORM LIABILITY With respect to Coverage A, the following persons and organizations qualify as insureds: 1. The Named Insured shown in the Declarations; and 2. Any other person or organization qualifying as an insured in the "underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement: a. The limits of insurance afforded to such person or organization will be: (1) The amount by which the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or (2) The limits of insurance of this policy; whichever is less; and b. Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance". Page 4 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N o UMBRELLA 0 B. COVERAGE B — UMBRELLA LIABILITY course of his or her ' With respect to Coverage B: employmentor performing duties to the U 1. The Named Insured shown in the conduct of your business, Declarations is an insured. or to your other "volunteer in petoormthe 2. If you are: dutiesrs rel teed a An individual, your spouse is also conduct of your business; 8 an insured, but only with respect (b) To the spouse, child, to the conduct of a business of parent, brother or sister of which you are the sole owner. that co -"employee" or 0 $ b. A partnership or joint venture, "volunteer worker" as a your members, your partners and consequence of Paragraph their spouses are also insureds, (1)(a) above; o but only with respect to the (C) For which there is any c conduct of your business. obligation to share damages c. A limited liability company, your with or repay someone else members are also insureds, but who must pay damages m only with respect to the conduct because of the injury of your business. Your managers described in Paragraph 1)la) `D are also insureds, but only with or 1b) above; or 00 respect to their duties as your (d) Arising out of his or her managers. providing or failing to d. An organization other than a provide professional health partnership, joint venture or care services. N limited liability company, your 'officers" Unless you are in the business o and directors are also or occupation of providing U insureds, but only with respect to ' professional health care their duties as your officers or services, Paragraphs 11) directors. Your stockholders are It:) and Id) above doo not also insureds, but only with respect their liability apply to "bodily injury" arising stockholders. out of providing or failing to provide first aid or "Good e. A trust, your trustees are also Samaritan services" by any insureds, but only with respect to of your "employees" or their duties as trustees. "volunteer workers" other than 3. Each of the following is also an an employed or volunteerdoctor. "employees" insured: Any such "volunteer or workers" a. Your "volunteer workers" only providing or failing to provide while performing duties related to first aid or "Good Samaritan the conduct of your business, or services" during their work your "employees", other than hours for you will be deemed either your "officers" (if you are to be acting within the scope an organization other than a of their employment by you or partnership, joint venture or performing duties related to limited liability company) or your the conduct of your business. managers (if you are a limited liability company), but only for l2) "Property damage" to property: acts within the scope of their (a) Owned, occupied or used employment by you or while by; or performing duties related to the (b) Rented to, in the care, i� = conduct of your business. However, none of these custody or control of, or "employees" or "volunteer over which physical control workers" are insureds for: is being exercised for any purpose by; (1) "Bodily injury" or "personal injury": you, any of your "employees" "volunteer or workers", any of (a) To you, to your partners or your partners or members (if members (if you are a you are a partnership or joint partnership or joint venture), venture), or any of your to your members (if you members (if you are a limited are a limited liability liability company). company), to a co - "employee" while in the E:U 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 23 UMBRELLA b. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. C. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 4. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period is an insured and will qualify as a Named Insured. No such organization is an insured or will qualify as a Named Insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization. 5. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, is an insured and will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage for such organization does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal injury" or "advertising injury" arising out of an offense committed; before you acquired or formed the organization. No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Paragraph B. of SECTION II - WHO IS AN INSURED. C. COVERAGE C - CRISIS MANAGEMENT SERVICE EXPENSES With respect to Coverage C, the following persons and organizations are insureds and will qualify as Named Insureds: 1. The Named Insured shown in the Declarations. 2. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period. No such organization is an insured or will qualify as a Named Insured for "crisis management service expenses" arising out of a "crisis management event" that first commences after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, if there is no other similar insurance available to that organization. However: a Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage for such organization does not apply to "crisis management service expenses" arising out of a "crisis manage- ment event" that occurred before you acquired or formed the organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed the organization. Page 6 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N 0 0 UMBRELLA m U U w 00 0 0 N U) M Go N c n 0 0 U M No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the amounts described below to which this insurance applies regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Number of vehicles involved; 4. Persons or organizations making claims or bringing "suits"; or 5. Coverages provided under this insurance. As indicated in Paragraph 0.1. of SECTION — COVERAGES, for any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance". B. The General Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; except: 1. Damages and defense expenses because of "bodily injury" or "property damage" included in the "auto hazard"; 2. Damages and defense expenses because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; or 3. Damages and defense expenses for which insurance is provided under any Aircraft Liability coverage included as "underlying insurance" to which no aggregate limit applies. C. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; because of "bodily injury" or "property damage" included in the "products - completed operations hazard". 0. Subject to Paragraph B, or C. above, whichever applies, the Occurrence Limit is the most we will pay for the sum of all: 1. Damages, and defense expenses if such expenses are within the limits of insurance of this policy, under Coverage A arising out of any one "event" to which the "underlying insurance" applies a limit of insurance that is separate from any aggregate limit of insurance; and 2. Damages under Coverage B because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence". For the purposes of determining the applicable Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be considered one "occurrence". E. The Crisis Management Service Expenses Limit is the most we will pay for the sum of all "crisis management service expenses" arising out of all "crisis management events". Payment of such "crisis management service expenses" is in addition to, and will not reduce, any other limit of insurance of this policy. F. The limits of insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV — EXCLUSIONS This insurance does not apply to: A. With respect to Coverage A and Coverage B: 1. Asbestos a. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the damages are caused or contributed to by the hazardous properties of asbestos. b. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 23 UMBRELLA any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any damages described in Paragraph a above. c. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (2) Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutral- izing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. 2. Employment —Related Practices Damages because of injury to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment; or (3) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluat- ion, reassignment, discipline, failure to promote or advance, harassment, humiliation, dis- crimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprison-ment, applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or b. The spouse, child, parent, brother or sister of that person as a consequence of injury to that person as described in Paragraphs a(1), (2) or (3) above. a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 3. ERISA, COBRA And Similar Laws Any obligation of the insured under: a The Employees Retirement Income Security Act Of 1974 (ERISA) or any of its amendments; b. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or any of its amendments; or c. Any similar common or statutory law of any jurisdiction. 4. Medical Expenses Or Payments Any obligation of the insured under any "medical expenses" or medical payments coverage. 5. Nuclear Material Damages arising out of: a The actual, alleged or threatened exposure of any person or property to; or b. The "hazardous properties" of; any "nuclear material". As used in this exclusion: a. "Hazardous properties" includes radioactive, toxic or explosive properties; b. "Nuclear material" means "source material", "special nuclear material" or "by-product material"; and c. "Source material", "special nuclear material" and "by-product mater- ial" have the meanings given them in the Atomic Energy Act of 1954 or any of its amendments. 6. Uninsured or Underinsured Motorists, No — Fault And Similar Laws Any liability imposed on the insured, or the insured's insurer, under any of the following laws: a Uninsured motorists; b. Underinsured motorists; c. Auto no-fault or other first -party personal injury protection (PIP); d. Supplementary uninsuredlunderinsured motorists (New York); or This exclusion applies: e. Medical expense benefits and income loss benefits (Virginia). Page 8 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N o UMBRELLA 0 0 0 ], War gift, distribution or use of alcoholic beverages. Damages arising out of: 4. Employers Liability a War, including undeclared or civil war; or "Bodily injury" to: b. Warlike action by a military force, a An "employee" of the insured including action in hindering or arising out of and in the course g defending against an actual or of: expected attack, by any govern- 11) Employment by the insured; or ment, sovereign or other authority ~ using military personnel or other (2) Performing duties related to agents; or the conduct of the insured's c. Insurrection, rebellion, revolution, business; or usurped power or action taken by b. The spouse, child, parent, brother 0 governmental authority in or sister of that "employee' as a hindering or defending against any consequence of "bodily injury" of these. described in Paragraph a above. 8. Workers Compensation And Similar Laws This exclusion applies: Any obligation of the insured under a a. Whether the insured may be liable workers compensation, disability as an employer or in any other benefits or unemployment capacity; and vcompensation law or any similar law. b. To any obligation to share T B. With respect to Coverage B: damages with or repay someone 1. Expected Or Intended Bodily Injury Or else who must pay damages "bodily „ N Property Damage because of the injury . 0 0 "Bodily injury" or "property damage" 5. Pollution expected or intended from the a "Bodily injury", "property standpoint of the insured. This damage", "personal injury" or exclusion does not apply to "bodily "advertising injury" arising out of injury" or "property damage" the actual, alleged or threatened resulting from the use of reasonable discharge, dispersal, seepage, force to protect persons or property. migration, release or escape of 2. Contractual Liability "pollutants". "Bodily injury", "property damage", b. Any loss, cost or expense arising "personal injury" or "advertising out of any: injury" for which the insured is (1) Request, demand, order or obligated to pay damages by reason statutory or regulatory require - of the assumption of liability in a ment that any insured or any contract or agreement. This exclusion other person or organization idoes not apply to liability for test for, monitor, clean up, damages that the insured would have remove, contain, treat, detoxify in the absence of the contract or or neutralize, or in any way agreement. respond to, or assess the 3. Liquor Liability effects of, "pollutants"; or "Bodily injury" or "property damage" (2) Claim or "suit" by or on for which any insured may be liable behalf of any governmental a>• by reason of: authority or any other person or organization because of a Causing or contributing to the testing for, monitoring, intoxication of any person, cleaning up, removing, contain - including causing or contributing ing, treating, detoxifying or to the intoxication of any person neutralizing, or in any way i because alcoholic beverages were responding to, or assessing the permitted to be brought on your effects of, "pollutants". premises for consumption on your 6. Aircraft premises; b. The furnishing of alcoholic "Bodily injury" or "property damage" beverages to a person under the arising out of the ownership, legal drinking age or under the maintenance, use or entrustment to influence of alcohol; or others of any aircraft owned or operated by or rented or loaned to c. Any statute, ordinance or any insured. Use includes operation regulation relating to the sale, and "loading or unloading". EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 23 UMBRELLA 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 that is owned or operated by or rented or loaned to any insured. 7. Auto "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any "auto". 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 "auto". This exclusion does not apply to "bodily injury" or "property damage" caused by an "occurrence" that takes place outside of the United States of America (including its territories and possessions), Puerto Rico and Canada. 8. Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a watercraft: a. While ashore on premises owned by or rented to any insured; or b. That is 50-feet long or less and that: (1) You own; or (2) You do not own and is not being used to carry any person or property for a charge. 9. Electronic Data Damages claimed for the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". 10. Damage To Property, Products Or Work "Property damage" to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person or organization, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Premises you sell, give away or abandon if the "property damage" arises out of any part of those premises; C. Property loaned to you; d. Personal property in the care, custody or control of the insured; e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the "property damage" arises out of those operations; f. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it; g. "Your product" arising out of "your product" or any part of it; or h. "Your work" arising out of "your work" or any part of it and included in the "products - completed operations hazard". 11. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property", or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you, or anyone acting on your behalf, to fulfill the terms of a contract or agreement. Page 10 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N 0 0 0 00 U U A I 0 N co N v v N 0 0 U This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 12. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a "Your product"; b. "Your work"; or C. "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 13. Violation Of Consumer Financial Protection Laws "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of a "consumer financial protection law", or any other "bodily injury", "property damage", "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such violation. 14. Unsolicited Communication "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". 15. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information. 16. Knowing Violation Of Rights Of Another "Personal injury" or "advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal injury" or "advertising injury". UMBRELLA 17. Material Published With Knowledge Of Falsity "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. 18. Material Published Or Used Prior To Policy Period a "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or b. "Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your "advertise- ment" whose first infringement in your "advertisement" was committed before the beginning of the policy period. 19. Criminal Acts "Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction of the insured. 20. Breach Of Contract "Personal injury" or "advertising injury" arising out of a breach of contract. 21. Quality Or Performance Of Goods — Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". 22. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 23. Intellectual Property "Personal injury" or "advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: a Copyright; b. Patent; C. Trade dress; d. Trade name; EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 23 UMBRELLA e. Trademark; f. Trade secret; or g. Other intellectual property rights or laws. This exclusion does not apply to: a. "Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or b. Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". 24.Insureds In Media And Internet Type Business "Personal injury" or "advertising injury" arising out of an offense committed by an insured whose business is: a Advertising, "broadcasting" or publishing; b. Designing or determining content of web -sites for others; or c. An Internet search, access, content or service provider. This exclusion does not apply to Paragraphs a(1), (2) and (3) of the definition of "personal injury". For the purposes of this exclusion: a Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and b. The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. 25. Electronic Chatrooms Or Bulletin Boards "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control. 26. Unauthorized Use Of Another's Name Or Product to mislead another's potential customers. C. With respect to Coverage C: Newly Acquired, Controlled Or Formed Entities "Crisis management service expenses" arising out of a "crisis management event" that involves any organization you newly acquire or form and that occurred prior to the date you acquired or formed that organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed such organization. SECTION V — CONDITIONS A. APPEALS 1. If the insured or the insured's "underlying insurer" elects not to appeal a judgment which exceeds the "applicable underlying limit" or "self - insured retention", we may do so. 2. If we appeal such a judgment, we will pay all costs of the appeal. These payments will not reduce the applicable limits of insurance. In no event will our liability exceed the applicable limit of insurance. B. BANKRUPTCY 1. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance. 2. In the event of bankruptcy or insolvency of any "underlying insurer", this insurance will not replace such bankrupt or insolvent "underlying insurer's" policy, and this insurance will apply as if such "underlying insurer" had not become bankrupt or insolvent. C. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this insurance by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or "Personal injury" or "advertising b. 60 days before the effective date injury" arising out of the unauthorized of cancellation if we cancel for use of another's name or product in any other reason. your e-mail address, domain name or metatag, or any other similar tactics Page 12 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N - o UMBRELLA a 0 00 3. We will mail or deliver our notice to insurance, you must see to it that we such first Named Insured's last receive written notice of the claim or mailing address known to us. "suit" as soon as practicable. U 4. Notice of cancellation will state the 3. With respect to Coverage A, the effective date of cancellation. The insured must: policy period will end on that date. a Cooperate with us in the 5. If this insurance is cancelled, we will investigation, settlement or 0 send such first Named Insured any defense of any claim or "suit"; premium refund due. If we cancel, the b, Comply with the terms of the refund will be pro rata. If such first "underlying insurance"; and $ Named Insured cancels, the refund ' a may be less than pro rata. The c. Pursue all rights of contribution or cancellation will be effective even if indemnity against any person or we have not made or offered a organization who may be liable to LID 0 refund. the insured because of the injury, 6. If notice is mailed, proof of mailing damage or loss for which will be sufficient proof of notice. insurance is provided under this policy or any policy of D. CHANGES "underlying insurance". N to This policy contains all the agreements 4. With respect to Coverage B, the between you and us concerning the insured must: N insurance afforded. No change can be a Immediately send us copies of � made in the terms of this insurance except with our consent. The terms of any demands, notices, summonses this insurance can be amended or waived or legal papers received in v only by endorsement issued by us and connection with the claim or o made a part of this policy. suit"; 0 E. CURRENCY b. Authorize us to obtain necessary records and other information; Payments for damages or expenses c. Cooperate with us in the described in Paragraph 5. of Paragraph 0., DEFENSE AND SUPPLEMENTARY PAYMENTS, investigation, settlement or of SECTION I — COVERAGES will be in the defense of any claim or "suit"; currency of the United States of and America. At our sole option, we may d Assist us, upon our request, in the make these payments in a different enforcement of any right against currency. Any necessary currency any person or organization which 111� conversion for such payments will be may be liable to the insured calculated based on the rate of exchange because of injury or damage to ! published in the Wall Street Journal which Coverage B may apply. i immediately preceeding the date the i 5. No insured will, except at that payment is processed. insured's own expense, voluntarily F. DUTIES REGARDING AN EVENT, OCCURRENCE, make a payment, assume any CLAIM OR SUIT obligation, make any admission or 1. You must see to it that we are incur any expense, other than for first notified as soon as practicable of an aid for "bodily injury' covered by i "event" or "occurrence„ which may this insurance, without our consent. result in a claim under this insurance. 6. Knowledge of an "event", !� To the extent possible, notice should "occurrence", claim or "suit" by your include: agent, servant or "employee" will not a. How, when and where the "event" constitute knowledge by you, unless = or "occurrence' took place; your insurance or risk manager, or S anyone working in the capacity as b. The names and addresses of any your insurance or risk manager, or persons or organizations anyone you designate with the = sustaining injury, damage or loss, responsibility of reporting an "event", and the names and addresses of "occurrence", claim or "suit": any witnesses; and a. Has received notice of such c. The nature and location of any "event", "occurrence", claim or injury or damage arising out of "suit" from such agent, servant or the "event" or "occurrence". "employee"; or 2. If a claim is made or "suit" is b. Otherwise has knowledge of such brought against any insured which "event", "occurrence", claim or may result in a claim under this "suit". EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 23 UMBRELLA G. DUTIES REGARDING A CRISIS MANAGEMENT b. You have paid all premiums due EVENT for this policy at the time you You must: make such request; 1. Notify us within 30 days of a "crisis C. You promptly pay the additional management event" that may result in "crisis premium we charge for the Extended Reporting Period management service endorsement for this insurance expenses". when due. We will determine that 2. Provide written notice of the "crisis additional premium after we have management event" as soon as received your request for the practicable. To the extent possible, Extended Reporting Period notice should include: endorsement for this insurance. a How, when and where that "crisis That additional premium is not subject to any limitation stated in management event" took place; the "underlying insurance on the b. The names and addresses of any amount or percentage of persons or organizations additional premium that may be sustaining injury, damage or loss, charged for the "extended and the named and addresses of reporting period" in such any witnesses; "underlying insurance"; and t. The nature and location of any d. That Extended Reporting Period injury or damage arising out of endorsement is issued by us and that "crisis management event"; made a part of this policy. and 3. Any Extended Reporting Period d. The reason that "crisis endorsement for this insurance will management event" is likely to not reinstate or increase the Limits involve damages covered by this of Insurance or extend the policy insurance in excess of the period. "applicable underlying limit" or "self 4. Except with respect to any provisions -insured retention' and to the contrary contained in involve regional or national media Paragraphs 1., 2. or 3. above, all coverage. provisions of an o to p y option p purchase H. EXAMINATION OF YOUR BOOKS AND RECORDS an "extended reporting period" We may examine and audit your books granted to you in the "underlying insurance" apply to this insurance. and records as they relate to this insurance: J. INSPECTIONS AND SURVEYS 1. At any time during the policy period; 1. We have the right but are not 2. Up to three years after the end of obligated to: the policy period; and a Make inspections and surveys at 3. Within one year after final settlement any time; of all claims under this insurance. b. Give you reports on the I. EXTENDED REPORTING PERIOD OPTION conditions we find; and 1. When the "underlying insurance" c• Recommend changes. applies on a claims -made basis, any 2. Any inspections, surveys, reports or automatic or basic "extended recommendations relate only to reporting period" in such "underlying insurability and the premiums to be insurance" will apply to this charged. We do not make safety insurance. inspections. We do not undertake to 2. When the "underlying insurance" perform the duty of any person or applies on a claims -made basis and organization to provide for the health you elect to purchase an optional or or safety of workers or the public. We do not warrant that conditions: supplemental "extended reporting period" in such "underlying a. Are safe or healthful; or insurance," that "extended reporting period" will apply to this insurance b. Comply with laws, regulations, only if: codes or standards. a. A written request to purchase an K. LEGAL ACTION AGAINST US Extended Reporting Period 1. No person or organization has a right endorsement for this insurance is under this insurance: made by you and received by us within 90 days after the end of a. To join us as a party or otherwise the policy period; bring us into a "suit" asking for damages from an insured; or Page 14 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N o UMBRELLA 0 0 $ b. To sue us on this insurance unless M. OTHER INSURANCE all of its terms have been fully complied with. This insurance is excess over any valid "other and collectible insurance" whether 2. A person or organization may sue us such "other insurance" is stated to be to recover on an agreed settlement primary, contributing, excess, contingent or on a final judgment against an or otherwise. This provision does not insured. We will not be liable for apply to a policy bought specifically to gdamages that: apply as excess of this insurance. a Are not payable under the terms However, if you specifically agree in a of this insurance; or written contract or agreement that the 0 $ b. Are in excess of the applicable insurance provided to any person or organization that qualifies as an insured limit of insurance. under this insurance must apply on a Ln An agreed settlement means a primary basis, or a primary and non- 0 settlement and release of liability contributory basis, then insurance signed by us, the insured and the provided under Coverage A is subject to claimant or the claimant's legal the following provisions: * representative. 1. This insurance will apply before any N L. MAINTENANCE OF UNDERLYING INSURANCE "other insurance" that is available to 1. The insurance afforded by each such additional insured which covers m policy of "underlying insurance" will that person or organization as a named insured, and we will not share be maintained for the full policy with that "other insurance", provided period of this Excess Follow -Form that the injury or damage for which And Umbrella Liability Insurance. This coverage is sought is caused by an a provision does not apply to the "event" that takes place or is o reduction or exhaustion of the committed subsequent to the signing 0 aggregate limit or limits of such "underlying of that contract or agreement by you. insurance" solely by m payments as permitted in Paragraphs 2. This insurance is still excess over * 4.a(1), (2) and (3) of COVERAGE A — any valid and collectible "other EXCESS FOLLOW —FORM LIABILITY of insurance", whether primary, excess, SECTION I — COVERAGES. As such contingent or otherwise, which covers policies expire, you will renew them that person or organization as an at limits and with coverage at least additional insured or as any other equal to the expiring limits of insured that does not qualify as a insurance. If you fail to comply with named insured. the above requirements, Coverage A N. PREMIUM is not invalidated. However, in the event of a loss, we will pay only to 1. The first Named Insured shown in the i the extent that we would have paid Declarations is responsible for the itll� had you complied with the above payment of all premiums and will be ® requirements. the payee for any return premiums. s� 2. The first Named Insured shown in the 2. If the premium is a flat charge, it is Declarations must give us written not subject to adjustment except as notice of any change in the provided in Paragraph 4. below. "underlying insurance" as respects: 3. If the premium is other than a flat a. Coverage; charge, it is an advance premium b. Limits of insurance; only. The earned premium will be computed at the end of the policy t. Termination of any coverage; or period, or at the end of each year of the policy period if the policy period =is d. Exhaustion of aggregate limits. two years or longer, at the rate ® 3. If you are unable to recover from shown in the Declarations, subject to any "underlying insurer" because the Minimum Premium. ® you fail to comply with any term 4. Additional premium may become or condition of the "underlying payable when coverage is provided insurance", Coverage A is not for additional insureds under the invalidated. However, we will pay for provisions of SECTION II — WHO IS AN any loss only to the extent that we INSURED. would have paid had you complied with that term or condition in that 0. PREMIUM AUDIT "underlying insurance". The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 23 UMBRELLA charge unless it is specified in the 2. Separately to each insured against Declarations as adjustable. whom claim is made or "suit" is P. PROHIBITED COVERAGE - UNLICENSED brought. INSURANCE T. WAIVER OR TRANSFER OF RIGHTS OF 1. With respect to loss sustained by any RECOVERY AGAINST OTHERS TO US insured in a country or jurisdiction in 1. If the insured has rights to recover which we are not licensed to provide all or part of any payment we have this insurance, this insurance does made under this insurance, those not apply to the extent that insuring rights are transferred to us and the such loss would violate the laws or insured must do nothing after loss to regulations of such country or impair them. At our request, the jurisdiction. insured will bring suit or transfer 2. We do not assume responsibility for: those rights to us and help us, and with respect to Coverage A, the a The payment of any fine, fee, "underlying insurer", enforce them. penalty or other charge that may If the insured has agreed in be imposed on any person or organization in any country or a contract or agreement to waive jurisdiction because we are not that insured's right of recovery against any person or organization, licensed to provide insurance in such country or jurisdiction; or we waive our right of recovery against that person or organization, b. The furnishing of certificates or but only for payments we make other evidence of insurance in any because of an "event" that takes country or jurisdiction in which we place or is committed subsequent to are not licensed to provide the execution of that contract or insurance. agreement by such insured. Q. PROHIBITED COVERAGE - TRADE OR 2. Reimbursement of any amount ECONOMIC SANCTIONS recovered will be made in the We will provide coverage for any loss, following order: or otherwise will provide any benefit, a First, to any person or only to the extent that providing such organization (including us or the coverage or benefit does not expose us insured) who has paid any amount or any of our affiliated or parent in excess of the applicable limit companies to: of insurance; 1. Any trade or economic sanction under b. Next, to us; and any law or regulation of the United C. Then, to any person or States of America; or organization (including the insured 2. Any other applicable trade or and with respect to Coverage A, economic sanction, prohibition or the "underlying insurer") that is restriction. entitled to claim the remainder, if R. REPRESENTATIONS any. By accepting this insurance, you agree: 3. Expenses incurred in the process of recovery will be divided among all 1. The statements in the Declarations persons or organizations receiving and any subsequent notice relating to amounts recovered according to the "underlying insurance" are accurate ratio of their respective recoveries. and complete; U. TRANSFER OF YOUR RIGHTS AND DUTIES 2. Those statements are based upon UNDER THIS INSURANCE representations you made to us; and 1. Your rights and duties under this 3. We have issued this insurance in insurance may not be transferred reliance upon your representations. without our written consent except in S. SEPARATION OF INSUREDS the case of death of an individual Named Insured. Except with respect to the Limits of Insurance, and any rights or duties 2. If you die, your rights and duties will specifically assigned in this policy to transferred to your legal the first Named Insured shown in the representative but only while acting e r Declarations, this insurance applies: within the scope of duties your legal representative. Until your legal 1. As if each Named Insured were the representative is appointed, anyone only Named Insured; and having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 16 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N • o UMBRELLA 0 0 $ V. UNINTENTIONAL OMISSION OR ERROR 3. "Electronic data" means information, The unintentional omission of, or facts or programs stored as or on, L) unintentional error in, any information created or used on, or transmitted to or from computer software (including provided by you which we relied upon in issuing this policy will not prejudice systems and applications software), your rights under this insurance. hard or floppy disks, CD-ROMs, However, this provision does not affect tapes, drives, cells, data processing 0 our right to collect additional premium devices or any other media which are 0 or to exercise our rights of cancellation used with electronically controlled or nonrenewal in accordance with equipment. applicable insurance laws or regulations. 4. "Event" means an "occurrence", W. WHEN LOSS IS PAYABLE offense, accident, act, error, omission, wrongful act or loss. .; If we are liable under this insurance, we LO will pay for injury, damage or loss after: 5. '"Extended reporting period" means o any period of time, starting with the 1. The insured's liability is established end of the policy period of your by: claims -made insurance, during which a. A court decision; or claims or "suits" may be first made, brought or reported for that LO b. A written agreement between the insurance. M claimant, the insured, any "underlying underlying insurer" and us; and 6. ""Medical expenses" means expenses OD which any Medical Payments 2. The amount of the "applicable section of any policy of Commercial r underlying limit" or "self -insured General Liability "underlying retention" is paid by or on behalf of insurance" applies. N the insured. 7. "Other insurance" means insurance, or o SECTION VI — DEFINITIONS the funding of losses, that is A. With respect to all coverages of this provided by, through or on behalf of: „ insurance: a Another insurance company; 1. "Applicable underlying limit" means b. Us or any of our affiliated the sum of: insurance companies; a. The applicable limit of insurance c. Any risk retention group; stated for the policies of "underlying insurance" in the d. Any self-insurance method or !� Schedule Of Underlying Insurance program, in which case the insured subject to the provisions in will be deemed to be the provider Paragraphs 4.a(1), (2) and (3) of of such insurance; or i COVERAGE A — EXCESS FOLLOW_ e. Any similar risk transfer or risk FORM LIABILITY of SECTION I management method. COVERAGES; and "Other insurance" does not include: b. The applicable limit of insurance a An "underlying insurance"; or y yIn g of any "other insurance" that applies. b. Any policy of insurance The limits of insurance in any policy specifically purchased to be excess of the limits of insurance of "underlying insurance" will apply of this policy shown in the even if: Declarations. a The "underlying insurer" claims B, ""Products -completed operations the insured failed to comply with hazard": any term or condition of the policy; or a. Includes all "bodily injury" and b. The "underlying insurer" becomes "property damage" occurring away from bankrupt or insolvent. premises you own or rent and arising out of "your product" i 2. "Auto hazard" means all "bodily or "your work" except: injury" and "property damage" to (1) Products that are still in your which liability insurance afforded physical possession; or under an auto policy of "underlying insurance" would apply but for the (2) Work that has not yet been exhaustion of its applicable limits of completed or abandoned. insurance. However, "your work" will be deemed completed at the earliest of the following times: EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 17 of 23 UMBRELLA (a) When all the work called for in your contract has been completed; (b) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (t) When that part of the work done at a job site has been put to its intended use by any person or organization other than another con- tractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" 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 (3) Products or operations for which the classification listed in a policy of Commercial General Liability "underlying insurance" states that products - completed operations are subject to the General Aggregate Limit. 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes: a An arbitration proceeding in which damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding to which the insured submits with our consent. Liability Insurance. C. Does not include any part of the policy period of any of the policies described in Paragraphs a. or b. above that began before, or that continues after, the policy period of this Excess Follow -Form And Umbrella Liability Insurance. 11. "Underlying insurer" means any insurer which provides a policy of insurance listed in the Schedule Of Underlying Insurance. B. With respect to Coverage B and, to the extent that the following terms are not defined in the "underlying insurance", to Coverage A: 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Advertising injury": a Means injury, other than "personal injury", caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; 10. "Underlying insurance": (2) Oral or written publication, including publication by a. Means the policy or policies of electronic means, of material insurance listed in the Schedule in your "advertisement" that: Of Underlying Insurance. b. Includes an renewal or replace- (a) Appropriates a person's Y P name, voice, photograph or ment of such policies if such likeness; or renewal or replacement is during the policy period of this Excess (b) Unreasonably places a Follow -Form And Umbrella person in a false light; or Page 18 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N • 0 0 0 0 0 0 0 0 LO 0 m m m 00 N v f v N 0 0 3. 4. 5. 6. (3) Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims owner- ship of such copyright, "title" or "slogan". b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. "Auto" means: a A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. "Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educat- ional, instructional, music or news programming being trans- mitted; or (3) Advertising transmitted with any such programming. "Consumer financial identity information" means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person's eligibility for personal credit, insurance or employment or for the purpose of conducting a business transaction: a Part or all of the account number, the expiration date or the balance UMBRELLA of any credit, debit, bank or other financial account; b. Information bearing on a person's credit worthiness, credit standing or credit capacity; C. Social security number; d. Driver's license number; or e. Birth date. 7. "Consumer financial protection law" means: a. The Fair Credit Reporting Act (FCRA) and any of its amendments, including the Fair and Accurate Credit Transactions Act (FACTA); b. California's Song -Beverly Credit Card Act and any of its amendments; or C. Any other law or regulation that restricts or prohibits the collection, dissemination, trans- mission, distribution or use of "consumer financial identity information". 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 10. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 23 UMBRELLA watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads. b. Vehicles maintained for use solely on or next to premises you own or rent. c. Vehicles that travel on crawler treads. d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers. e. Vehicles not described in Paragraph a, h., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in Paragraph a, b., c. or d above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos". 14. "Occurrence" means: a With respect to "bodily injury" or "property damage": (1) An accident, including contin- uous or repeated exposure to substantially the same general harmful conditions, which results in "bodily injury" or "property damage". All "bodily injury" or "property damage" caused by such exposure to substantially the same general harmful conditions will be deemed to be caused by one "occurrence"; or (2) An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor, unless you are in the business or occupation of providing professional health care services; b. With respect to "personal injury", an offense arising out of your business that results in "personal injury". All "personal injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons or organizations making claims or bringing "suits"; and Page 20 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 CY 0 0 0 0 0 U U c. With respect to "advertising injury", an offense committed in the course of advertising your goods, products and services that results in "advertising injury". All "advertising injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons or organizations making claims or bringing "suits". 0 15. "Officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. LO M In C, 16. "Personal injury": all. Means injury, other than "advertising injury", caused by one or more of the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) 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, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. UMBRELLA Ill. Includes "bodily injury" caused by one or more of the offenses described in Paragraph all. above. 17. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will 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 will 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. 19. "Self -insured retention" is the greater of: a. The amount shown in the Declarations which the insured must first pay under Coverage B for damages because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence"; or b. The applicable limit of insurance of any "other insurance" that applies. 20. "Slogan". a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization other than you. 21. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 22. "Title" means the name of a literary or artistic work. EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 21 of 23 UMBRELLA 23. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 24. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you. 25. "Your product": a Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. C. With respect to Coverage C: 1. "Crisis management advisor" means any public relations firm or crisis management firm approved by us that is hired by you to perform "crisis management services" in connection with a "crisis management event". 2. "Crisis management event" means an "event" or "occurrence" that your "executive officer" reasonably determines has resulted, or may result, in: a. Damages covered by this Coverage A or Coverage B that are in excess of the total applicable limits of the "under- lying insurance" or "self -insured retention"; and b. Significant adverse regional or national media coverage. 3. "Crisis management service expenses" means amounts incurred by you, after a "crisis management event" first commences and before such event ends: a. For the reasonable and necessary: (1) Fees and expenses of a "crisis management advisor" in the performance for you of "crisis management services" solely for a "crisis management event"; and (2) Costs for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a "crisis management advisor" solely for a "crisis manage- ment event"; and b. For the following expenses resulting from such "crisis management event", provided that such expenses have been approved by us: (1) Medical expenses; (2) Funeral expenses; (3) Psychological counseling; (4) Travel expenses; (5) Temporary living expenses; (6) Expenses to secure the scene of a "crisis management event"; or (7) Any other expenses pre - approved by us. Page 22 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N N 0 0 0 0 0 U U r M N M 00 N a a N O O U M 4. "Crisis management services" means those services performed by a "crisis management advisor" in advising you or minimizing potential harm to you from a "crisis management event" by maintaining or restoring public confidence in you. 5. "Executive officer" means your: a. Chief Executive Officer; b. Chief Operating Officer; t. Chief Financial Officer; UMBRELLA d. President; e. General Counsel; f. General partner (if you are a partnership); or g. Sole proprietor (if you are a sole proprietorship); or any person acting in the same capacity as any individual listed above. EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 23 of 23 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8Q-Ml � ���TT�� ���'���^����^�� ~'^���'�^`��� �~~^����^�^�'��`� �^� ����� CONSTRUCTION CONTRACT ~,~^^.^,^��.,~,�^~^^, TABLE OF CONTENTS Article |- Definitions and Terminology -----.---.----------.---------------.| 1.01 Defined Terms ............................................................................................................................... / 1.02 Terminology ----.--.---'--.--'------_-_-_-_-__-_-_.0 Article2- Preliminary Matters ......................................................................................................................... 7 2.01 Copies ofDocuments .................................................................................................................. ..7 2.02 Commencement ��n���to�rooccd ? __---_-_-_ , --------------------- 2.03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ---------------.-------.-----------'8 2.05 Pr000notruotionConference .......................................................................................................... 0 2-06 Public Meeting -..-'-_'--.--'—''--'--'-------.---_-_'--'--8 Article 3-Contract Documents: Intent, Amending, Reuse ............................................................................ 8 I01Intent .............................................................................................................................................. 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents ................................................................. lU 3.05 Reuse ofDocuments ................................................................................................................... l0 3.06 Electronic Data ............................................................................................................................ l| Article 4- ���'��ocm�P��o\C��'�������1 ''�_----_' " '�-_ , Conditions; �cf�rcnuu�ob�o l/ , -----------------------------------.� 4.01 AvoUobUhv ofLands .................................................................................................................. || 4`02 Subsurface and Physical Conditions ----.------------------------l2 4.03 Differing Subsurface or Physical Conditions .----------.----------.---|2 4L04 Underground Facilities ............................................................................................................... l3 4`05 Reference Points ......................................................................................................................... |4 Article 5-Bonds and Insurance ..................................................................................................................... |6 5.01 Licensed Sureties and Insurers ................................................................................................... l6 5.02 Performance, Payment, and Maintenance Bonds ....................................................................... |0 5.03 Certificates ofInsurance ............................................................................................................. l6 5.04 Contractor's Insurance ................................................................................................................ l8 Article 6-Contnaotor`mResponsibilities ---------. CITY oFFORT WORTH STANDARD CONSTRUCTION src/v/nATmm ooCuwEwTm '--'--'--'--'--'----'--'--l9 .................--_-_-'—''--_-_-l9 6J2Labor; Hours ................................................................................................................ 2O 6iO3 Services, Materials, and Equipment _---.-'--.---_'--'-'-.-''----._---'-_'-'--2O 6.04 Project Schedule .......................................................................................................................... 2l 6.05 8nhothztem and -----_'---''-'-'-------_'-------''--'_--'-2l 6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 24 6])7 Wage Rates .................................................................................................................................. 25 6.08 Patent Fees and Royalties ---_----'--'-'.-_'-'.------'-'-----_'-'''---'--26 6.09 Permits and Utilities .................................................................................................................... 27 6L10 Laws and Regulations ----'-_'--'''-'--.--'.--'.'''--''~---'---'-'-'---~'''--27 6i11Taxes ........................................................................................................................................... 28 6.12 Use mfSite and Other Areas ....................................................................................................... 28 6.13 Record Documents ...................................................................................................................... 29 6i14Safety and Protection .................................................................................................................. 29 6.15 Safety Representative .................................................................................................................. 30 6.16 Hazard Communication Programs ............................................................................................. ]O 6i17 Emergenciesand/or Rectification ............................................................................................... ]0 6'18 Submittals .................................................................................................................................... 3l 6.19 Continuing the Work .--'-._'''-'''-'-'-'.---''--'----''.--_'.'-'-.-''-''-'.''.--]2 6.20 Contractor's General Warranty and Guarantee .......................................................................... 32 6.21 Indemnification ----'--''''--'---''-.-.--''''--''-'-'-----'_'.-''-'-~---.''_33 6.22 Delegation ofProfessional Design Services .............................................................................. 34 6.23 Right to Audit --'.-------'--'-'---'--'-'-'.''---'------'_--'.--''------'-']4 6.24 Nondiscrimination ----_------'-'--.---'.--''''--'--'--'''--''--_'''''-'''-35 Article7-Other Work olthe Site ................................................................................................................... 35 7.01 Related Work a1Site ................................................................................................................... 35 Article 8-Citv`n Responsibilities _-..----.---.'._'-~-'.-''_'.-''-~---''--_'---''_---]6 8.01 Communications toContractor ................................................................................................... 36 8.02 Furnish Data ................................................................................................................................ 36 0iO3 Pay When Due ------'------'---'--'-'---.'--'-_.-''-.---''''-'--'-'--'--.--36 0.04 Lands and Easements; Reports and Tests -----'''-''----.-'-'--...-'---.-.—'-.--'-'. 36 8.05 Change Orders ............................................................................................................................. ]6 8L06 Inspections, Tests, and Approvals ---'-.--'-'---''---'''--''-'-.--.-'--.--''..''-'-36 8.07 Limitations on Citv`o Responsibilities .-.--''-'--'-'-'-'._.--.---._---'-'-'-----37 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37 Article 9-Citv'o Observation Status During Construction ........................................................................... 37 9.01 City`m Project Manager —..---.-'-'--'-.--_'-'''-''----'---.--_-.'_--'-'--'---'-_37 9.02 Visits to Site .-.-_-''--.--'-.-..---.-'--_'-'-'---'--'--'-'.''---.-''-.-.--.-'-----37 9.03 Authorized Variations luWork .................................................................................................. 3@ 9'04 Rejecting Defective Work .......................................................................................................... 30 9.05 Determinations for Work Performed .......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY omFORT WORTH STANDARD CONSTRUCTION SPECIFICATION ooCoMoNrm Article |0— Changes bmthe Work; Claims; Extra Work ..................................................................... —_'38 |0.0|Authorized Changes bxthe Work ............................................................................................... 38 |0.02Unauthorized Changes iuthe Work ........................................................................................... 39 |0.03Execution of Change Orders ....................................................................................................... 39 |0.04Extra Work .................................................................................................................................. 39 10.05 Notification toSurety .................................................................................................................. 39 Article I —Coa of /�Uovvunu�a� Unh�6ucl�ork;P�naOuun�hv���asuc�nucr�...................... ' _'- ` _'� . -, 4| |i0l Cost ofthe Work ......................................................................................................................... 4| 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 44 |iO4Plans Quantity Measurement ...................................................................................................... 45 Article 12— Change ofContract Price; Change ofContract Time ................................................................. 46 12-01 Change o[Contract Price ............................................................................................................ 46 12-02 Change ofContract Time ............................................................................................................ 47 12-03 Delays .......................................................................................................................................... 47 Article |3—Tests and ; Correction, Removal ocAcceptance ofDefective Work ...................... 48 13.01 Notice ofDefects ........................................................................................................................ 48 1IO2Access k)Work ........................................................................................................................... 48 13.03 Tests and Inspections —.--_—_----------_—_—_—_—'--'--_'48 13.04 Uncovering Work .----------------------------.---.---.--',49 13.05 City May Stop the Work ............................................................................................................. 49 13.06 Correction c«Removal nfDefective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 |3.08Acceptance ofDefective Work ................................................................................................... 5| 13.09 City May Correct Defective Work ............................................................................................. 5| Article |4—Payments tuContractor and Completion ---------------------------'52 14L01Schedule ofValues ...................................................................................................................... 52 14.02 Progress Payments --.-----------------------------.---.---,52 14`03 Cnobuctnro Warranty o{Title ................................................................................................... 54 14.04 Partial Utilization -------------'-----------.-----------.—.-55 14L05 Final Inspection ----.—'—.---.--_—'—.---_—'--_—_—'.---'—'~55 14.06 Final Acceptance ---------------'-------------------.---.55 14.07 Final Payment .............................................................................................................................. 14L08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 Article |5—Suspension o[Work and Termination ........................................................................................ 57 |5.0lCity May Suspend Work ............................................................................................................. 57 |5.02City May Terminate for Cause ................................................................................................... 58 Article |6—Dispute Resolution ...................................................................................................................... 6| CITY oFFORT WORTH STANDARD CONSTRUCTION msc/r/cATmw oocmmEnTo Article \7— Miscellaneous ............. 17.01 Giving Notice—~—_ 1702 Computation ofTimeu |T0 Cumulative Remedies. 17.04 Survhm|of0hUootionu ....................—_—_—.--_—_—_—_—'—_--.—'—'62 .'-----_—_—_—'--_--..---'--_'--_--62 —............................................................................................................. ---.-----_---_-------_—_--.---62 ---.—_—'--_—_—'-------------_—_'63 —_—_---_—'--'--'------_—'--_—_--63 CITY oFFORT WORTH STANDARD CONSTRUCTION oPEcm/c»nom oocmmewru 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award— Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day —A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-I GENERAL CONDITIONS Page 2 of 63 12. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii)I complete the Work so that it is ready for Final Acceptance. 22. Contractor The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/ -MI 007200-1 GENERAL OOND IT IONS Page 3 of 63 24. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer —The licensed professional engineer or engineering fum registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823✓Z02I 007200-1 GENERAL CONDITIONS Page 4 of 63 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements —Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens -charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item— An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs Polychlorinated biphenyls. 48. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 49. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &2?✓102I 007200-1 GENERAL CONDITIONS Page 5 of 63 50. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project —The Work to be performed under the Contract Documents. 52. Project Manager —The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours —Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 61. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823 I 007200-1 GENERAL CONDITIONS Page 6 of 63 62. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69 Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5,00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82"i/ I 007200-1 GENERAL CONDITIONS Page 7 of 63 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: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/ I 007200-1 GENERAL CONDITION S Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: SQ-M1 007200-1 GENERAL CONDITION S Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision. 823202I 007200-1 GENERAL CONDITION S Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.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 Revision: 82?✓ I 007200-1 GENERAL CONDITION S Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be atthe 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. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/ I 007200-1 GENERAL CONDITION S Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'i2711 007200-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.O3.A. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision 92i l 007200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823(2021 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractoror by anyoneforwhom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82v I 007200-1 GENERAL CONDITION S Page 16 of 63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITION S Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or `per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 101/o. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/Z02I 007200-1 GENERAL CONDITION S Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be linked to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823 I 00 72 00 -1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bondsandlnsurance; 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 afterreceipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/ I 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 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, andEquipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and 'incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'i202I 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Or -Equal "Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &QM1 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &2=1 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.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 indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 803202I 007200-1 GENERAL CONDITION S Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: S2?✓L02I 007200-1 GENERAL CONDITION S Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individua is 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. Penaltyfor Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8231 I 007200-I GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (n) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resultingfrom CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'i✓L02I 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtainedpermits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82"i I 007200-1 GENERAL CONDITION S Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. httoJ/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 Revision: &2'i I 007200-I GENERAL CONDIT IONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/L02I 007200-1 GENERAL CONDITION S Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &232(12I 007200-1 GENERAL CONDITION S Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respectto 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 Revision: 92MI 007200-1 GENERAL CONDITION S Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/2MI 007200-1 GENERAL CONDITION S Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or fmal payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDFMNIFICAIION PROVISION IS SPFCIFICALLY INTENDFD 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. Co ntracto r covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITION S Page 34 of 63 'leg N DhIffrowel' M:74 I WIWI 1 i\ \x" " E" NOLN1 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. Pursuantto this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'i/L721 007200-I GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access tothe 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. CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITION S Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various cotltractors 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 Revision: 82MI 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823=1 007200-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be fmal and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8?.MI 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iui) 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. S. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82A/ I 007200-1 GENERAL CONDITION S Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsbility 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 Revision: 823/m2I 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE I I — 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 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed 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 contrbutions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subconb actors 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. CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8YL"i/XJ2I 007200-1 GENERAL CONDITION S Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l.A.1 or specifically covered by Paragraph 11.0l.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 11.01.13, 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 Revision: 8QMI 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 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 Revision: S/2.3/Xl2I 007200-1 GENERAL CONDITION S Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 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 representthe 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 anerror on the plans, the plans quantity will be increasedor decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: K I 007200-1 GENERAL CONDITION S Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.0l.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 flared fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shallbe 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no flared fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823,2021 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A. ] and ] 1.0l .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 I1.0l.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'i✓ I 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a 'fair', "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITION S Page 49 of 63 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. 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 acceptdefective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8?3/L02I 007200-1 GENERAL CONDITION S Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction orRemoval 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 prescrbed 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: l . repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 03021 007200-1 GENERAL CONDITION S Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. ApplicationsforPayments: 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 described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8?32021 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective or completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8?32021 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8Q3 I 007200-1 GENERAL CONDITION S Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Finallnspection A. Upon written notice from Contractor that the entire Work is Substantially Complete in accordance with the Contract Documents: 1. Within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective ("Punch List Items"). Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification to the City of Substantial Completion and the date of Final Inspection. 1. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 FinalAcceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &2=1 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. ApplicationforPayment.- 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. PaymentBecomesDue: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823✓ I 00 72 00 -1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilit ie s under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/m2I 007200-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 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 exceedsuch unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82'I/ I 007200-1 GENERAL CONDITION S Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: R23/202I 00 72 00 -1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82T, I 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 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 wayas a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82?J2021 007200-1 GENERAL CONDITION S Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82320MI SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 SUPPLEMENTARY CONDITIONS Page I of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 03/31 /2022 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 5 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of 03/31 /2022 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: None (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 5 $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract $Confirm Limits with Railroad $Confirm Limits with Railroad Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 9.2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 5 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 1 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: GC-6.07 2013 PREVAILING WAGE RATE (Heavy and Highway Construction Projects) A copy of the table is also available by accessing the City's website at: https: Happs. fortworthtexas.Lov/Proi ectResou rces/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of 03/31/2022: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 5 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor None Scope of Work SC-8.01, "Communications to Contractor" None Coordination Authority SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Adolfo Lopez or his/her successor pursuant to written notification from the Director of Water Department SC-13.03C., "Tests and Inspections" None SC-16.01C.1, "Methods and Procedures" None END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 9, 2020 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 11 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Use of Explosives, Drop Weight, Etc. 11 e. Water Department Notification 12 f. Public Notification Prior to Beginning Construction 13 g. Coordination with United States Army Corps of Engineers 14 h. Coordination within Railroad permits areas 15 i. Dust Control 16 j. Employee Parking 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 B. Deviations from this City of Fort Worth Standard Specification 1. NON-EXCLUSIVE CONTRACT This contract is non-exclusive. During the term of this contract or any renewal hereof, the City reserves the right to advertise and award another contract for like or similar work. If a second contract is awarded, the City further reserves the right to issue work orders under either contract as it deems in its best interest, without recourse. 2. MOVE IN CHARGES A Work Order may contain one or more locations. One move -in fee will paid to the contractor per Work Order issued. Locations for multiple sites per Work Order will be in the same general vicinity, if possible, and if so, only one mobilization charge will be paid. When water and sewer work are required only the water move in fee will be paid. At no time will both fees be paid for one specific location. 3. EMERGENCY SITUATION, JOB MOVE -IN The Owner or Engineer shall determine when an emergency situation shall exist. When water emergency work is required, the Contractor shall mobilize to the said location within twenty-four (24) hours after given notification from the Inspector and/or Project Manager. The Contractor shall make all necessary arrangements for bypass pumping, setting up barricades, notifying citizens, etc., while waiting for other utilities to be located as directed by the Engineer. The Contractor shall work continuously until the emergency work order has been completed at a time agreed to by the Project Manager, Inspector, and Contractor. After the emergency work order has been completed, there will be no additional "Job Move -In" charges paid to remobilize back to the previous project location site. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 11 1 4. DETERMINATION AND INITIATION OF WORK 2 The Engineer shall determine and designate to the Contractor the location of 3 the service main requiring replacement by a Work Order together with a sketch 4 for each such replacement, giving the limits, size and nature of work required. 5 The Engineer will notify the Contractor that a Work Order is ready and fax 6 and/or email the Contractor a copy of the Work Order notification. The 7 Contractor is to provide his fax number and email address to the Engineer at 8 the pre -construction conference. Single or several Work Orders may be issued 9 at one time. The Contractor shall initiate work on a replacement within seven 10 (7) working days of the date the Work Order is sent to the Contractor, and 11 continue work on the Work Order until it has been completed, not including 12 paving. The Contractor shall furnish and supply sufficient equipment and 13 personnel to complete the Work Order in the amount of time provided for in 14 the Work Order. Should the Contractor fail to start any Work Order within the 15 time specified, he shall add the necessary work crews and equipment to 16 prosecute the work to complete the Work Order or Work Orders in the time 17 provided. 18 19 5. PAYMENT 20 Because of the unique nature of this contract, Article 14, PAYMENTS TO 21 CONTRACTOR AND COMPLETION of the General Conditions shall be amended 22 and superseded by the following., (Please initial below) 23 24 Whenever the improvements prescribed by an individual Work Order have 25 been completed, the Contractor shall notify the Engineer. The Engineer or 26 other appropriate official of the Owner will, within a reasonable time, perform 27 the inspections. If such inspection reveals that the improvements are in an 28 acceptable condition and have been completed in accordance with the terms of 29 the Contract Documents and all approved modifications thereof, the Engineer 30 will recommend acceptance of the work under that particular Work Order and 31 recommend payment therefore. 32 33 If the Engineer finds that the work has not been completed as required, he 34 shall so advise the Contractor in writing, furnishing him an itemized list of all 35 known items which have not been completed or which are not in an acceptable 36 condition. When the Contractor has corrected all such items, he shall again 37 notify the Engineer that the improvements are ready for inspection, and the 38 Engineer shall proceed as outlined above. 39 40 Whenever the improvements prescribed by the individual Work Order have 41 been completed and all requirements of the Contract Documents have been 42 fulfilled on the part of the Contractor, an estimate showing the value of the 43 work will be prepared by the Engineer as soon as the necessary 44 measurements, computations, and checks can be made. 45 46 The amount of the estimate will be paid to the Contractor after acceptance by 47 the Water Department Director, provided the Contractor has furnished to the 48 Owner satisfactory evidence of payment as follows; Prior to submission of the 49 estimate for payment, the Contractor shall execute an affidavit, as furnished by 50 the City, certifying that all persons, firms, associations, corporations, or other CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 11 1 organizations furnishing labor and/or materials under that Work Order have 2 been paid in full, that the wage scale established by the City Council in the City 3 of Fort Worth has been paid, and that there are no claims pending for personal 4 injury and/or property damages. 5 6 The acceptance by the Contractor of the individual payment as aforesaid shall 7 operate as and shall release the Owner from all claims or liabilities under the 8 Contract for anything done or furnished or relating to the work under that 9 Work Order or any act or neglect of said City relating to or connected with the 10 Contract. 11 12 The making of the payment by the Owner shall not relieve the Contractor of 13 any guarantees or other requirements of the Contract Documents which 14 specifically continue thereafter. 15 16 Bidder's Initials 17 18 6. BID QUANTITIES AND CONTRACT AWARD 19 Bid quantities of the various items in the proposal are for comparison only and 20 may not reflect the actual quantities. There is no limit to which a bid item can 21 be increased or decreased. 22 23 Contractor shall not be entitled to renegotiation of unit prices regardless of the 24 final measured quantities. To the extent that Articles 10, 11, or 12 conflicts 25 with this provision, this provision controls. No claim will be considered for lost 26 or anticipated profits based upon differences in estimated quantities versus 27 actual quantities. 28 29 Total quantities given in the bid proposal may not reflect actual quantities; 30 however, they are given for the purpose of bidding and awarding the contract. 31 A contract in the amount of $1,00,000.00 shall be awarded with final payment 32 based on actual measured quantities and the unit price bid in this proposal. 33 Moreover, there is to be not limit on the variation between the estimated 34 quantities shown and actual quantities performed. 35 36 7. LIFE OF CONTRACT 37 It is contemplated that Work Orders will be issued to the Contractor for work 38 to be performed under this Contract for not to exceed 365 calendar days 39 following the date of the Contract nor to exceed the limit of the bid price, 40 whichever should occur first. The Contractor shall be required to complete any 41 work covered by a Work Order issued prior to that date of termination but will 42 not be required to accept any work order for execution dated after that date of 43 termination. If the cost of the work performed under this Contract is less than 44 the limit of the contract award at the end of the 365 calendar day period, at 45 the City's option and the Contractor's concurrence, the Project may be 46 extended to the limit of the contract award. 47 48 8. OPTION TO RENEW 49 The City has the right to renew this contract for two (2) one-year 50 terms/expenditures of $2,000,000.00 under the same terms, conditions and CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 11 1 unit prices. The City shall give at least sixty (60) days notice prior to the 2 expiration of this contract, determined as one year from the date of execution, 3 or of an option period, or a like notice at such a time as there is less than 4 $20,000.00 left unexpended. 5 6 9. LIQUIDATED DAMAGES 7 The Contractor shall pay liquidated damages of four hundred twenty dollars 8 ($420.00) per day per Work Order, for failure to begin a Work Order within the 9 seven (7) working days of the date the Work Order is faxed to the Contractor. 10 Failure to complete project within the stipulated construction time on the Work 11 Order, the Contractor will pay liquidated damages in the amount stipulated in 12 these contract documents. 13 14 10. TRENCH SAFETY SYSTEM DESIGN 15 Because of the unique nature of this contract, the number of trench safety 16 system designs required is not known at the time bids are received. While the 17 contractor is still bound by the latest version of the U.S. Department of Labor, 18 Occupational Safety and Health Administration Standards, 29 CFR Part 1926, 19 Subpart P-Excavations, it is the City's intention that all costs incurred by the 20 Contractor in acquiring trench safety designs be included in the unit price bid 21 for Job Move In or mobilization. 22 23 11. IRRIGATION SYSTEMS 24 Disruption of private irrigation systems is inevitable, but should be kept to a 25 minimum where possible. Repairing damage to the irrigation system shall be 26 subsidiary to the price bid per linear foot of pipe. No additional compensation 27 will be allowed. 28 1. 29 C. Related Specification Sections include, but are not necessarily limited to: 30 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 31 2. Division 1 — General Requirements 32 3. Section 33 12 25 — Connection to Existing Water Mains 33 1.2 PRICE AND PAYMENT PROCEDURES 34 A. Measurement and Payment 35 1. Coordination within Railroad permit areas 36 a. Measurement 37 1) Measurement for this Item will be by lump sum. 38 b. Payment 39 1) The work performed and materials furnished in accordance with this Item 40 will be paid for at the lump sum price bid for Railroad Coordination. 41 c. The price bid shall include: 42 1) Mobilization 43 2) Inspection 44 3) Safety training 45 4) Additional Insurance 46 5) Insurance Certificates CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 0135 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 11 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 25 High Voltage Overhead Lines. 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Coordination with the Texas Department of Transportation 28 1. When work in the right-of-way which is under the jurisdiction of the Texas 29 Department of Transportation (TxDOT): 30 a. Notify the Texas Department of Transportation prior to commencing any work 31 therein in accordance with the provisions of the permit 32 b. All work performed in the TxDOT right-of-way shall be performed in 33 compliance with and subject to approval from the Texas Department of 34 Transportation 35 B. Work near High Voltage Lines 36 1. Regulatory Requirements 37 a. All Work near High Voltage Lines (more than 600 volts measured between 38 conductors or between a conductor and the ground) shall be in accordance with 39 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 40 2. Warning sign 41 a. Provide sign of sufficient size meeting all OSHA requirements. 42 3. Equipment operating within 10 feet of high voltage lines will require the following 43 safety features 44 a. Insulating cage -type of guard about the boom or arm 45 b. Insulator links on the lift hook connections for back hoes or dippers CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 01 35 13 -6 SPECIAL PROJECT PROCEDURES Page 6 of 11 1 c. Equipment must meet the safety requirements as set forth by OSHA and the 2 safety requirements of the owner of the high voltage lines 3 4. Work within 6 feet of high voltage electric lines 4 a. Notification shall be given to: 5 1) The power company (example: ONCOR) 6 a) Maintain an accurate log of all such calls to power company and record 7 action taken in each case. 8 b. Coordination with power company 9 1) After notification coordinate with the power company to: 10 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 11 lower the lines 12 c. No personnel may work within 6 feet of a high voltage line before the above 13 requirements have been met. 14 C. Confined Space Entry Program 15 1. Provide and follow approved Confined Space Entry Program in accordance with 16 OSHA requirements. 17 2. Confined Spaces include: 18 a. Manholes 19 b. All other confined spaces in accordance with OSHA's Permit Required for 20 Confined Spaces 21 htths://www.tcea.texas.2ov/assets/public/permitting/air/factsheets/hermit-factsheet.t)df 22 D. TCEQ Air Permit 23 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 24 E. Use of Explosives, Drop Weight, Etc. 25 1. When Contract Documents permit on the project the following will apply: 26 a. Public Notification 27 l) Submit notice to City and proof of adequate insurance coverage, 24 hours 28 prior to commencing. 29 2) Minimum 24 hour public notification in accordance with Section 0131 13 30 F. Water Department Coordination 31 1. During the construction of this project, it will be necessary to deactivate, for a 32 period of time, existing lines. The Contractor shall be required to coordinate with 33 the Water Department to determine the best times for deactivating and activating 34 those lines. 35 2. Coordinate any event that will require connecting to or the operation of an existing 36 City water line system with the City's representative. 37 a. Coordination shall be in accordance with Section 33 12 25. 38 b. If needed, obtain a hydrant water meter from the Water Department for use 39 during the life of named project. 40 c. In the event that a water valve on an existing live system be turned off and on 41 to accommodate the construction of the project is required, coordinate this 42 activity through the appropriate City representative. 43 1) Do not operate water line valves of existing water system. 44 a) Failure to comply will render the Contractor in violation of Texas Penal 45 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 46 will be prosecuted to the full extent of the law. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 11 b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. G. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer and City of Fort Worth Door Hangers, 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) City of Fort Worth Door Hangers will be provided to the Contractor for distribution with their notice. 4) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 5) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer and door hangers are delivered to all residents of the block. H. Public Notification of Temporary Water Service Interruption during Construction I. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 MSERR2022 City Project No. 104266 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 11 1 f. Electronic versions of the sample flyers can be obtained from the Project 2 Construction Inspector. 3 I. Coordination with United States Army Corps of Engineers (USACE) 4 1. At locations in the Project where construction activities occur in areas where 5 USACE permits are required, meet all requirements set forth in each designated 6 permit. 7 J. Coordination within Railroad Permit Areas 8 1. At locations in the project where construction activities occur in areas where 9 railroad permits are required, meet all requirements set forth in each designated 10 railroad permit. This includes, but is not limited to, provisions for: 11 a. Flagmen 12 b. Inspectors 13 c. Safety training 14 d. Additional insurance 15 e. Insurance certificates 16 f. Other employees required to protect the right-of-way and property of the 17 Railroad Company from damage arising out of and/or from the construction of 18 the project. Proper utility clearance procedures shall be used in accordance 19 with the permit guidelines. 20 2. Obtain any supplemental information needed to comply with the railroad's 21 requirements. 22 3. Railroad Flagmen 23 a. Submit receipts to City for verification of working days that railroad flagmen 24 were present on Site. 25 K. Dust Control 26 1. Use acceptable measures to control dust at the Site. 27 a. If water is used to control dust, capture and properly dispose of waste water. 28 b. If wet saw cutting is performed, capture and properly dispose of slurry. 29 L. Employee Parking 30 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 1 2 3 4 5 6 7 8 9 013513-9 SPECIAL PROJECT PROCEDURES Page 9 of 11 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 DATE NAME 8/31/2012 D.Johnson 13 3/11/2022 M Owen END OF SECTION Revision Log SUMMARY OF CHANGE 1.4.13 — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit Remove references to Air Pollution watch Days and NCTCOG Clean construction Specification requirements. Clarify need for Door Hangers under in addition to contractor notification of public. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0135 13-10 SPECIAL PROJECT PROCEDURES Page 10 of 11 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 MSERR2022 City Project No. 104266 u 2 3 4 0135 13 - 11 SPECIAL PROJECT PROCEDURES Page 11 of] I EXHIBIT B FORTWORTH Wt� DOE NO. ]Cl= w0je t ilA1 w. 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, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 ,CONTRACTOR MSERR2022 City Project No. I04266 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 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 1. PRICE AND PAYMENT PROCEDURES — Given the nature of this contract Street Use Permits will be paid for at the pre -bid price of $100.00 each on an as needed basis. 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 l — General Requirements 14 3. Section 34 71 13 — Traffic Control 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. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 29 traffic. 30 b. When traffic control plans are included in the Drawings, provide Traffic 31 Control in accordance with Drawings and Section 34 71 13. 32 c. When traffic control plans are not included in the Drawings, prepare traffic 33 control plans in accordance with Section 34 71 13 and submit to City for 34 review. 35 1) Allow minimum 10 working days for review of proposed Traffic Control. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 22, 2021 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 2) A traffic control "Typical" published by City of Fort Worth, the Texas 2 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 3 of Transportation (TxDOT) can be used as an alternative to preparing 4 project/site specific traffic control plan if the typical is applicable to the 5 specific project/site. 6 B. Street UsePermit 7 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 8 a. To obtain Street Use Permit, submit Traffic Control Plans to City 9 Transportation and Public Works Department. 10 1) Allow a minimum of 5 working days for permit review. 11 2) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 C. Modification to Approved Traffic Control 14 1. Prior to installation traffic control: 15 a. Submit revised traffic control plans to City Department Transportation and 16 Public Works Department. 17 1) Revise Traffic Control plans in accordance with Section 34 71 13. 18 2) Allow minimum 5 working days for review of revised Traffic Control. 19 3) It is the Contractor's responsibility to coordinate review of Traffic Control 20 plans for Street Use Permit, such that construction is not delayed. 21 D. Removal of Street Sign 22 1. If it is determined that a street sign must be removed for construction, then contact 23 City Transportation and Public Works Department, Signs and Markings Division to 24 remove the sign. 25 E. Temporary Signage 26 1. In the case of regulatory signs, replace permanent sign with temporary signmeeting 27 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 28 Devices (MUTCD). 29 2. Install temporary sign before the removal of permanentsign. 30 3. When construction is complete, to the extent that the permanent sign can be 31 reinstalled, contact the City Transportation and Public Works Department, Signs 32 and Markings Division, to reinstall the permanent sign. 33 F. Traffic Control Standards 34 1. Traffic Control Standards can be found on the City's website. 35 1.5 SUBMITTALS [NOT USED] 36 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 22, 2021 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 91 12 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicals" if 3/22/2021 M Owen applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re: submittal of permit CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 22, 2021 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page I of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised November 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 a. Mobilization and Demobilization 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification Part 1 — General 1.1 Summary 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. Contractor to emergency mobilize within 24 hours of notification by Project Manager. (Not issuance of work order) 1.2 Price and Payment Procedures A. Measurement and Payment 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects e. After the emergency work order has been complete, there will be no additional mobilization charges paid to remobilize back to the previous project location site. 33 C. Related Specification Sections include, but are not necessarily limited to: 34 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 35 Contract 36 2. Division 1 — General Requirements 37 1.2 PRICE AND PAYMENT PROCEDURES 38 A. Measurement and Payment [Consult City Department/Division for direction on if 39 Mobilization pay item to be included or the item should be subsidiary. Include the 40 appropriate Section 1.2 A. 1.1 41 1. Mobilization and Demobilization 42 a. Measure 43 1) This Item is considered subsidiary to the various Items bid. 44 b. Payment CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised November 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 7000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Specified Remobilization' in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Mobilization' in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section I.1.A.3.a.1) 2) Demobilization as described in Section 1.I.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price per each "Work Order Emergency Mobilization' in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 22, 2016 MSERR2022 City Project No. 104266 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 c. The price shall include 2 1) Mobilization as described in Section 1.1.A.4.a) 3 2) Demobilization as described in Section I.1.A.3.a.2) 4 d. No payments will be made for standby, idle time, or lost profits associated this 5 Item. 6 1.3 REFERENCES [NOT USED] 7 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 8 1.5 SUBMITTALS [NOT USED] 9 1.6 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 END OF SECTION 19 20 Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised November 22, 2016 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0241 14 - 1 UTILITY REMOVAL/ABANDONMENT Page 1 of 17 OSECTION 02 4114 UTILITY REMOVAL/ABANDONMENT A. Section Includes: 1. Direction for the removal, abandonment or salvaging of the following utilities: a. Cathodic Protection Test Stations b. Water Lines c. Gate Valves d. Water Valves e. Fire Hydrants f. Water Meters and Meter Box g. Water Sampling Station h. Concrete Water Vaults i. Sanitary Sewer Lines j. Sanitary Sewer Manholes k. Sanitary Sewer Junction Boxes 1. Storm Sewer Lines in. Storm Sewer Manhole Risers n. Storm Sewer Junction Boxes o. Storm Sewer Inlets p. Box Culverts q. Headwalls and Safety End Treatments r. Trench Drains B. Deviations from this City of Fort Worth Standard Specification 1. CONCRETE WATER VAULT REMOVAL Measurement and Payment for this Bid Item is for Large Concrete Vaults. No payment will be made for small concrete water meter vaults (boxes) housing 2- inch and smaller water meters. 2. SECTION 3.4 REMOVAL, SALVAGE AND ABANDONMENT B. Water Lines and Appurtenances 5. Should read "Water Valve Abandonment" 6. Water Valve Removal and Salvage e. Do not Fill, Valve is removed C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 03 34 13 — Controlled Low Strength Material (CLSM) 4. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 5. Section 33 05 24 — Installation of Carrier Pipe in Casing or Tunnel Liner Plate CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 104266 Revised December 20, 2012 024114-2 UTILITY REMOVAL/ABANDONMENT Page 2 of 17 1 6. Section 33 11 11 —Ductile Iron Fittings 2 7. Section 33 11 13 — Concrete Pressure Pipe, Bar -wrapped, Steel Cylinder Type 3 8. Section 33 11 14 — Buried Steel Pipe and Fittings 4 9. Section 33 12 25 — Connection to Existing Water Mains 5 1.2 PRICE AND PAYMENT PROCEDURES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A. Utility Lines 1. Abandonment of Utility Line by Grouting a. Measurement 1) Measurement for this Item shall be per cubic yard of existing utility line to be grouted. Measure by tickets showing cubic yards of grout applied. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price per cubic yard of "Line Grouting" for: a) Various types of utility line c. The price bid shall include: 1) Low density cellular grout or CLSM 2) Water 3) Pavement removal 4) Excavation 5) Hauling 6) Disposal of excess materials 7) Furnishing, placement and compaction of backfill 8) Clean-up 2. Utility Line Removal, Separate Trench a. Measurement 1) Measurement for this Item shall be per linear foot of existing utility line to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' shall be paid for at the unit price bid per linear foot of "Remove Line" for: a) Various types of existing utility line b) Various sizes c. The price bid shall include: 1) Removal and disposal of existing utility pipe 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess materials 6) Furnishing, placement and compaction of backfill 7) Clean-up 3. Utility Line Removal, Same Trench a. Measurement 1) This Item is considered subsidiary the proposed utility line being installed. b. Payment CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 024114-3 UTILITY REMOVAL/ABANDONMENT Page 3 of 17 1 1) The work performed and materials furnished in accordance with this Item 2 are subsidiary to the installation of proposed utility pipe and shall be 3 subsidiary to the unit price bid per linear foot of pipe complete in place, and 4 no other compensation will be allowed. 5 4. Manhole Abandonment 6 a. Measurement 7 1) Measurement for this Item will be per each manhole to be abandoned. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 and measured as provided under "Measurement" shall be paid for at the unit 11 price bid per each "Abandon Manhole" for: 12 a) Various diameters 13 b) Various types 14 c. The price bid shall include: 15 1) Removal and disposal of manhole cone 16 2) Removal, salvage and delivery of frame and cover to City, if applicable 17 3) Cutting and plugging of existing sewer lines 18 4) Concrete 19 5) Acceptable material for backfilling manhole void 20 6) Pavement removal 21 7) Excavation 22 8) Hauling 23 9) Disposal of excess materials 24 10) Furnishing, placement and compaction of backfill 25 11) Surface restoration 26 12) Clean-up 27 5. Cathodic Test Station Abandonment 28 a. Measurement 29 1) Measurement for this Item will be per each cathodic test station to be 30 abandoned. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 and measured as provided under "Measurement" shall be paid for at the unit 34 price bid per each "Abandon Cathodic Test Station". 35 c. The price bid shall include: 36 1) Abandon cathodic test station 37 2) CLSM 38 3) Pavement removal 39 4) Excavation 40 5) Hauling 41 6) Disposal of excess materials 42 7) Furnishing, placement and compaction of backfill 43 8) Clean-up 44 B. Water Lines and Appurtenances 45 1. Installation of a Water Line Pressure Plug 46 a. Measurement 47 1) Measurement for this Item shall be per each pressure plug to be installed. 48 b. Payment CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0241 14-4 UTILITY REMOVAL/ABANDONMENT Page 4 of 17 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid for each "Pressure Plug" installed for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing pressure plug 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess material 6) Gaskets 7) Bolts and Nuts 8) Furnishing, placement and compaction of embedment 9) Furnishing, placement and compaction of backfill 10) Disinfection 11) Testing 12) Clean-up 2. Abandonment of Water Line by Cut and installation of Abandonment Plug a. Measurement 1) Measurement for this Item shall be per each cut and abandonment plug installed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid for each "Water Abandonment Plug" installed for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing abandonment plug 2) Pavement removal 3) Excavation 4) Hauling 5) CLSM 6) Disposal of excess material 7) Furnishing, placement and compaction of backfill 8) Clean-up 3. Water Valve Removal a. Measurement 1) Measurement for this Item will be per each water valve to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Water Valve" for: a) Various sizes c. The price bid shall include: 1) Removal and disposal of valve 2) CLSM 3) Pavement removal 4) Excavation CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20.2012 MSERR2022 City Project No. 104266 0241 14-5 UTILITY REMOVAL/ABANDONMENT Page 5 of 17 1 5) Hauling 2 6) Disposal of excess materials 3 7) Furnishing, placement and compaction of backfill 4 8) Clean-up 5 4. Water Valve Removal and Salvage 6 a. Measurement 7 1) Measurement for this Item will be per each water valve to be removed and 8 salvaged. 9 b. Payment 10 1) The work performed and materials furnished in accordance with this Item 11 and measured as provided under "Measurement" shall be paid for at the unit 12 price bid per each "Salvage Water Valve" for: 13 a) Various sizes 14 c. The price bid shall include: 15 1) Removal and Salvage of valve 16 2) CLSM 17 3) Delivery to City 18 4) Pavement removal 19 5) Excavation 20 6) Hauling 21 7) Disposal of excess materials 22 8) Furnishing, placement and compaction of backfill 23 9) Clean-up 24 5. Water Valve Abandonment 25 a. Measurement 26 1) Measurement for this Item will be per each water valve to be abandoned. 27 b. Payment 28 1) The work performed and materials furnished in accordance with this Item 29 and measured as provided under "Measurement" shall be paid for at the unit 30 price bid per each "Abandon Water Valve" for: 31 a) Various Sizes 32 c. The price bid shall include: 33 1) Abandonment of valve 34 2) CLSM 35 3) Pavement removal 36 4) Excavation 37 5) Hauling 38 6) Disposal of excess materials 39 7) Furnishing, placement and compaction of backfill 40 8) Clean-up 41 6. Fire Hydrant Removal and Salvage 42 a. Measurement 43 1) Measurement for this Item will be per each fire hydrant to be removed. 44 b. Payment 45 1) The work performed and materials furnished in accordance with this Item 46 and measured as provided under "Measurement" shall be paid for at the unit 47 price bid per each "Salvage Fire Hydrant". 48 c. The price bid shall include: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 0241 14-6 UTILITY REMOVAL/ABANDONMENT Page 6 of 17 1 1) Removal and salvage of fire hydrant 2 2) Delivery to City 3 3) Pavement removal 4 4) Excavation 5 5) Hauling 6 6) Disposal of excess materials 7 7) Furnishing, placement and compaction of backfill 8 8) Clean-up 9 7. Water Meter Removal and Salvage 10 a. Measurement 11 1) Measurement for this Item will be per each water meter to be removed and 12 salvaged. 13 b. Payment 14 1) The work performed and materials furnished in accordance with this Item 15 and measured as provided under "Measurement" shall be paid for at the unit 16 price bid per each "Salvage Water Meter" for: 17 a) Various sizes 18 2) If a "Water Meter Service Relocate" is performed in accordance with 19 Section 33 12 10, removal and salvage or disposal of the existing (2-inch or 20 smaller) water meter shall be subsidiary to the cost of the "Water Meter 21 Service Relocate", no other compensation will be allowed. 22 c. The price bid shall include: 23 1) Removal and salvage of water meter 24 2) Delivery to City 25 3) Pavement removal 26 4) Excavation 27 5) Hauling 28 6) Disposal of excess materials 29 7) Furnishing, placement and compaction of backfill 30 8) Clean-up 31 8. Water Sampling Station Removal and Salvage 32 a. Measurement 33 1) Measurement for this Item will be per each water sampling station to be 34 removed. 35 b. Payment 36 1) The work performed and materials furnished in accordance with this Item 37 and measured as provided under "Measurement" shall be paid for at the unit 38 price bid per each "Salvage Water Sampling Station". 39 c. The price bid shall include: 40 1) Removal and salvage of water sampling station 41 2) Delivery to City 42 3) Pavement removal 43 4) Excavation 44 5) Hauling 45 6) Disposal of excess materials 46 7) Furnishing, placement and compaction of backfill 47 8) Clean-up 48 9. Concrete Water Vault Removal CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0241 14-7 UTILITY REMOVAL/ABANDONMENT Page 7 of 17 a. Measurement 1) Measurement for this Item will be per each concrete water vault to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Concrete Water Vault". c. The price bid shall include: 1) Removal and disposal of concrete water vault 2) Removal, salvage and delivery of frame and cover to City, if applicable 3) Removal, salvage and delivery of any valves to City, if applicable 4) Removal, salvage and delivery of any water meters to City, if applicable 5) Pavement removal 6) Excavation 7) Hauling 8) Disposal of excess materials 9) Furnishing, placement and compaction of backfill 10) Clean-up C. Sanitary Sewer Lines and Appurtenances 1. Abandonment of Sanitary Sewer Line by Cut and installation of Abandonment Plug a. Measurement 1) Measurement for this Item shall be per each cut and abandonment plug installed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid for each "Sewer Abandonment Plug" for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing abandonment plug 2) Pavement removal 3) Excavation 4) Hauling 5) CLSM 6) Disposal of excess material 7) Furnishing, placement and compaction of backfill 8) Clean-up 2. Sanitary Sewer Manhole Removal a. Measurement 1) Measurement for this Item will be per each sanitary sewer manhole to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Sewer Manhole" for: a) Various diameters c. The price bid shall include: 1) Removal and disposal of manhole CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 024114-8 UTILITY REMOVAL/ABANDONMENT Page 8 of 17 2) Removal, salvage and delivery of frame and cover to City, if applicable 3) Cutting and plugging of existing sewer lines 4) Pavement removal 5) Excavation 6) Hauling 7) Disposal of excess materials 8) Furnishing, placement and compaction of backfill 9) Clean-up 3. Sanitary Sewer Junction Structure Removal a. Measurement 1) Measurement for this Item will be per each sanitary sewer junction structure being removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the lump sum bid per each "Remove Sewer Junction Box" location. c. The price bid shall include: 1) Removal and disposal of junction box 2) Removal, salvage and delivery of frame and cover to City. 3) Pavement removal 4) Excavation 5) Hauling 6) Disposal of excess materials 7) Furnishing, placement and compaction of backfill 8) Clean-up D. Storm Sewer Lines and Appurtenances 1. Abandonment of Storm Sewer Line by Cut and installation of Abandonment Plug a. Measurement 1) Measurement for this Item shall be per each cut and abandonment plug to be installed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid for each "Storm Abandonment Plug" installed for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing abandonment plug 2) Pavement removal 3) Excavation 4) Hauling 5) CLSM 6) Disposal of excess material 7) Furnishing, placement and compaction of backfill 8) Clean-up 2. Storm Sewer Manhole Removal a. Measurement 1) Measurement for this Item will be per each storm sewer manhole to be removed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 024114-9 UTILITY REMOVAL/ABANDONMENT Page 9 of 17 b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Manhole Riser" for: a) Various sizes c. The price bid shall include: 1) Removal and disposal of manhole 2) Removal, salvage and delivery of frame and cover to City, if applicable 3) Pavement removal 4) Excavation 5) Hauling 6) Disposal of excess materials 7) Furnishing, placement and compaction of backfill 8) Clean-up 3. Storm Sewer Junction Box Removal a. Measurement 1) Measurement for this Item will be per each storm sewer junction structure to be removed. b. Payment I) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Storm Junction Box" for: a) Various sizes c. The price bid shall include: 1) Removal and disposal of junction box 2) Removal, salvage and delivery of frame and cover to City, if applicable 3) Pavement removal 4) Excavation 5) Hauling 6) Disposal of excess materials 7) Furnishing, placement and compaction of backfill 8) Clean-up 4. Storm Sewer Junction Structure Removal a. Measurement 1) Measurement for this Item will be per each storm sewer junction structure being removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the lump sum bid per each "Remove Storm Junction Structure" location. c. The price bid shall include: 1) Removal and disposal of junction structure 2) Removal, salvage and delivery of frame and cover to City, if applicable 3) Pavement removal 4) Excavation 5) Hauling 6) Disposal of excess materials 7) Furnishing, placement and compaction of backfill CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 0241 14 - 10 UTILITY REMOVAL/ABANDONMENT Page 10 of 17 8) Clean-up 5. Storm Sewer Inlet Removal a. Measurement 1) Measurement for this Item will be per each storm sewer inlet to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Storm Inlet" for: a) Various types b) Various sizes c. The price bid shall include: 1) Removal and disposal of inlet 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess materials 6) Furnishing, placement and compaction of backfill 7) Clean-up 6. Storm Sewer Junction Box Removal a. Measurement 1) Measurement for this Item shall be per linear foot of existing storm sewer box to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per linear foot of "Remove Storm Junction Box" for all sizes. c. The price bid shall include: 1) Removal and disposal of Storm Sewer Box 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess materials 6) Furnishing, placement and compaction of backfill 7) Clean-up 7. Headwall/SET Removal a. Measurement 1) Measurement for this Item will be per each headwall or safety end treatment (SET) to be removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per each "Remove Headwall/SET". c. The price bid shall include: 1) Removal and disposal of Headwall/SET 2) Pavement removal 3) Excavation 4) Hauling CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 0241 14 - 11 UTILITY REMOVAL/ABANDONMENT Page 11 of 17 1 5) Disposal of excess materials 2 6) Furnishing, placement and compaction of backfill 3 7) Clean-up 4 8. Trench Drain Removal 5 a. Measurement 6 1) Measurement for this Item shall be per linear foot of storm sewer trench 7 drain to be removed. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 and measured as provided under "Measurement" shall be paid for at the unit 11 price bid per linear foot of "Remove Trench Drain" for: 12 a) Various sizes 13 c. The price bid shall include: 14 1) Removal and disposal of storm sewer line 15 2) Pavement removal 16 3) Excavation 17 4) Hauling 18 5) Disposal of excess materials 19 6) Furnishing, placement and compaction of backfill 20 7) Clean-up 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Contact Inspector and the Water Department Field Operation Storage Yard for 25 coordination of salvage material return. 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 32 A. Storage and Handling Requirements 33 1. Protect and salvage all materials such that no damage occurs during delivery to the 34 City. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 0241 14 - 12 UTILITY REMOVAL/ABANDONMENT Page 12 of 17 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 5 2.2 MATERIALS 6 2.3 ACCESSORIES [NOT USED] 7 2.4 SOURCE QUALITY CONTROL [NOT USED] 8 PART 3 - EXECUTION 9 3.1 INSTALLERS [NOT USED] 10 3.2 EXAMINATION [NOT USED] 11 3.3 PREPARATION [NOT USED] 12 3.4 REMOVAL, SALVAGE, AND ABANDONMENT 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A. General 1. Manhole Abandonment a. All manholes that are to be taken out of service are to be removed unless specifically requested and/or approved by City. b. Excavate and backfill in accordance with Section 33 05 10. c. Remove and salvage manhole frame and cover as coordinated with City. d. Deliver salvaged material to the City. e. Cut and plug sewer lines to be abandoned. f. Backfill manhole void in accordance with City Standard Details. B. Water Lines and Appurtenances 1. Water Line Pressure Plugs a. Ductile Iron Water Lines 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance with Section 33 11 11. 3) Perform Cut and Plug in accordance with Section 33 12 25. b. PVC C900 and C905 Water Lines 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance with Section 33 11 11. 3) Perform Cut and Plug in accordance with Section 33 12 25. c. Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type Water Lines 1) Excavate, embed, and backfill in accordance with Section 33 05 10 2) Plug using: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 0241 14- 13 UTILITY REMOVAL/ABANDONMENT Page 13 of 17 a) A fabricated plug restrained by welding or by a Snap Ring in accordance with Section 33 11 13; or b) A blind flange in accordance with Section 33 11 13 3) Perform Cut and Plug in accordance with Section 33 12 25. d. Buried Steel Water Lines 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 2) Plug using: a) A fabricated plug restrained by welding in accordance with Section 33 11 14; or b) A blind flange in accordance with Section 33 11 14 3) Perform Cut and Plug in accordance with Section 33 12 25. 2. Water Line Abandonment Plug a. Excavate and backfill in accordance with Section 33 05 10. b. Plug with CLSM in accordance with Section 03 34 13. 3. Water Line Abandonment by Grouting a. Excavate and backfill in accordance with Section 33 05 10. b. Dewater from existing line to be grouted. c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 or CLSM in accordance with 03 34 13. d. Dispose of any excess material. 4. Water Line Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Cut existing line from the utility system prior to removal. c. Cut any services prior to removal. d. Remove existing pipe line and properly dispose as approved by City. 5. Water Valve Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Remove and dispose of valve bonnet, wedge and stem. c. Fill valve body with CLSM in accordance with Section 03 34 13. 6. Water Valve Removal and Salvage a. Excavate and backfill in accordance with Section 33 05 10. b. Remove valve bonnet, wedge and stem. c. Deliver salvaged material to the Water Department Field Operation Storage Yard. d. Protect salvaged materials from damage. e. Fill valve body with CLSM in accordance with Section 03 34 13. 7. Water Valve Abandonment a. Excavate and backfill in accordance with Section 33 05 10. b. Remove the top 2 feet of the valve stack and any valve extensions. c. Fill the remaining valve stack with CLSM in accordance with Section 03 34 13. 8. Fire Hydrant Removal and Salvage a. Excavate and backfill in accordance with Section 33 05 10. b. Remove Fire Hydrant. c. Place abandonment plug on fire hydrant lead line. d. Deliver salvaged fire hydrant to the Water Department Field Operation Storage Yard. e. Protect salvaged materials from damage. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No 104266 0241 14- 14 UTILITY REMOVAL/ABANDONMENT Page 14 of 17 1 9. Water Meter Removal and Salvage 2 a. Remove and salvage water meter. 3 b. Return salvaged meter to Project Representative. 4 c. City will provide replacement meter for installation. 5 d. Meter Box and Lid 6 1) Remove and salvage cast iron meter box lid. 7 2) Remove and dispose of any non -cast iron meter box lid. 8 3) Return salvaged material to the Water Department Field Operation Storage 9 Yard. 10 4) Remove and dispose of meter box. 11 10. Water Sample Station Removal and Salvage 12 a. Remove and salvage existing water sample station. 13 b. Deliver salvaged material to the Water Department Field Operation Storage 14 Yard. 15 11. Concrete Water Vault Removal 16 a. Excavate and backfill in accordance with Section 33 05 10. 17 b. Remove and salvage vault lid. 18 c. Remove and salvage valves. 19 d. Remove and salvage meters. 20 e. Deliver salvaged material to the Water Department Field Operation Storage 21 Yard. 22 f. Remove and dispose of any piping or other appurtenances. 23 g. Demolish and remove entire concrete vault. 24 h. Dispose of all excess materials. 25 12. Cathodic Test Station Abandonment 26 a. Excavate and backfill in accordance with Section 33 05 10 27 b. Remove the top 2 feet of the cathodic test station stack and contents. 28 c. Fill any remaining voids with CLSM in accordance with Section 03 34 13. 29 C. Sanitary Sewer Lines and Appurtenances 30 1. Sanitary Sewer Line Abandonment Plug 31 a. Excavate and backfill in accordance with Section 33 05 10. 32 b. Remove and dispose of any sewage. 33 c. Plug with CLSM in accordance with Section 03 34 13. 34 2. Sanitary Sewer Line Abandonment by Grouting 35 a. Excavate and backfill in accordance with Section 33 05 10. 36 b. Dewater and dispose of any sewage from the existing line to be grouted. 37 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 38 or CLSM in accordance with 03 34 13. 39 d. Dispose of any excess material. 40 3. Sanitary Sewer Line Removal 41 a. Excavate and backfill in accordance with Section 33 05 10. 42 b. Cut existing line from the utility system prior to removal. 43 c. Cut any services prior to removal. 44 d. Remove existing pipe line and properly dispose as approved by City. 45 4. Sanitary Sewer Manholes Removal 46 a. All sanitary sewer manholes that are to be taken out of service are to be 47 removed unless specifically requested and/or approved by City. CITY OF FORT WORTH MSERM022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0241 14 - 15 UTILITY REMOVAL/ABANDONMENT Page 15 of 17 b. Excavate and backfill in accordance with Section 33 05 10. c. Remove and salvage manhole frame and cover. d. Deliver salvaged material to the Water Department Field Operation Storage. e. Demolish and remove entire concrete manhole. f. Cut and plug sewer lines to be abandoned. 5. Sanitary Sewer Junction Structure Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Remove and salvage manhole frame and cover. c. Deliver salvaged material to the Water Department Field Operation Storage. d. Demolish and remove entire concrete manhole. e. Cut and plug sewer lines to be abandoned. D. Storm Sewer Lines and Appurtenances 1. Storm Sewer Abandonment Plug a. Excavate and backfill in accordance with Section 33 05 10. b. Dewater line. c. Plug with CLSM in accordance with Section 03 34 13. 2. Storm Sewer Line Abandonment by Grouting a. Excavate and backfill in accordance with Section 33 05 10. b. Dewater the existing line to be grouted. c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 or CLSM in accordance with 03 34 13. d. Dispose of any excess material. 3. Storm Sewer Line Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Remove existing pipe line and properly dispose as approved by City. 4. Storm Sewer Manhole Removal a. All storm sewer manholes that are to be taken out of service are to be removed unless specifically requested and/or approved by City. b. Excavate and backfill in accordance with Section 33 05 10. c. Demolish and remove entire concrete manhole. d. Cut and plug storm sewer lines to be abandoned. 5. Storm Sewer Junction Box and/or Junction Structure Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Demolish and remove entire concrete structure. c. Cut and plug storm sewer lines to be abandoned. 6. Storm Sewer Inlet Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Demolish and remove entire concrete inlet. c. Cut and plug storm sewer lines to be abandoned. 7. Storm Sewer Box Removal a. Excavate and backfill in accordance with Section 33 05 10. b. Cut existing line from the utility system prior to removal. c. Cut any services prior to removal. d. Remove existing pipe line and properly dispose as approved by City. 8. Headwall/SET Removal a. Excavate and backfill in accordance with Section 33 05 10. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 0241 14- 16 UTILITY REMOVAL/ABANDONMENT Page 16 of 17 1 b. Demolish and remove entire concrete inlet. 2 c. Cut and plug storm sewer lines to be abandoned. 3 9. Storm Sewer Trench Drain Removal 4 a. Excavate and backfill in accordance with Section 33 05 10. 5 b. Remove existing pipe line and dispose as approved by City. 6 3.5 REPAIR / RESTORATION [NOT USED] 7 3.6 RE -INSTALLATION [NOT USED] 8 3.7 FIELD [OR] SITE QUALITY CONTROL 9 3.8 SYSTEM STARTUP [NOT USED] 10 3.9 ADJUSTING [NOT USED] 11 3.10 CLEANING [NOT USED] 12 3.11 CLOSEOUT ACTIVITIES [NOT USED] 13 3.12 PROTECTION [NOT USED] 14 3.13 MAINTENANCE [NOT USED] 15 3.14 ATTACHMENTS [NOT USED] 16 CITY OF FORT WORTH MSERP2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 104266 Revised December 20, 2012 0241 14- 17 UTILITY REMOVAL/ABANDONMENT Page 17 of 17 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.2.C.3.c. — Include Frame and Cover in Payment description 12/20/12 D. Johnson Throughout — added abandonment of storm and sewer manholes when requested and/or approved by City CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320117-1 PERMANENT ASPHALT PAVING REPAIR Page 1 of 8 1 SECTION 32 0117 2 PERMANENT ASPHALT PAVING REPAIR 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section includes: 6 1. Flexible pavement repair to include, but not limited to: 7 a. Utility cuts (water, sanitary sewer, drainage, franchise utilities, etc.) 8 b. Warranty work 9 c. Repairs of damage caused by Contractor 10 d. Any permanent asphalt pavement repair needed during the course of 11 construction 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 2. Asphalt Pavement Repair for Utility Service Trench 16 a. Measurement 17 1) Shall apply to Water Service Lines also 18 2) Measurement for proposed service line to be from lip of 19 ug tter to the limit of the asphalt pavement repair for water 20 or sewer lines. 21 3) Utility service repair will be paid for per linear foot, 22 regardless of the width. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320117-2 PERMANENT ASPHALT PAVING REPAIR Page 2 of 8 1 C. Related Specification Sections include, but are not necessarily limited to: 2 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the Contract 3 2. Division 1—General Requirements 4 3. Section 03 34 16 — Concrete Base Material for Trench Repair 5 4. Section 32 12 16—Asphalt Paving 6 5. Section 32 13 13 — Concrete Paving 7 6. Section 33 05 10— Utility Trench Excavation, Embedment and Backfill 8 1.2 PRICE AND PAYMENT PROCEDURES 9 A. Measurement and Payment 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Asphalt Pavement Repair a. Measurement 1) Measurement for this Item will be by the linear foot of Asphalt Pavement Repair based on the defined width and roadway classification specified in the Drawings. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid price per linear foot of Asphalt Pavement Repair. c. The price bid shall include: 1) Preparing final surfaces 2) Furnishing, loading, unloading, storing, hauling and handling all materials including freight and royalty 3) Traffic control for all testing 4) Asphalt, aggregate, and additive 5) Materials and work needed for corrective action 6) Trial batches CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 320117-3 PERMANENT ASPHALT PAVING REPAIR Page 3 of 8 7) Tack coat 8) Removal and/or sweeping excess material 2. Asphalt Pavement Repair for Utility Service Trench a. Measurement 1) Measurement for this Item will be by the linear foot of Asphalt Pavement Repair centered on the proposed sewer service line measured from the face of curb to the limit of the Asphalt Pavement Repair for the main sewer line. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid price per linear foot of "Asphalt Pavement Repair, Service" installed for: a) Various types of utilities c. The price bid shall include: 1) Preparing final surfaces 2) Furnishing, loading, unloading, storing, hauling and handling all materials including freight and royalty 3) Traffic control for all testing 4) Asphalt, aggregate, and additive 5) Materials and work needed for corrective action 6) Trial batches 7) Tack coat 8) Removal and/or sweeping excess material 3. Asphalt Pavement Repair Beyond Defined Width a. Measurement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 320117-4 PERMANENT ASPHALT PAVING REPAIR Page 4 of 8 1 1) Measurement for this Item will be by the square yard for asphalt 2 pavement repair beyond pay limits of the defined width of Asphalt 3 Pavement Repair by roadway classification specified in the Drawings. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under "Measurement' will be paid for at the 7 unit price bid per square yard of Asphalt Pavement Repair Beyond Defined 8 Width. 9 c. The price bid shall include: 10 1) Preparing final surfaces 11 2) Furnishing, loading, unloading, storing, hauling and handling all materials 12 including freight and royalty 13 3) Traffic control for all testing 14 4) Asphalt, aggregate, and additive 15 5) Materials and work needed for corrective action 16 6) Trial batches 17 7) Tack coat 18 8) Removal and/or sweeping excess material 19 4. Extra Width Asphalt Pavement Repair 20 a. Measurement 21 1) Measurement for this Item will be by the square yard for surface repair 22 (does not include base repair) for: 23 a) Various thicknesses 24 b. Payment 25 1) The work performed and materials furnished in accordance with this Item 26 and measured as provided under "Measurement' will be paid for at the 27 unit price bid per square yard of Extra Width Asphalt Pavement Repair 28 c. The price bid shall include: CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320117-5 PERMANENT ASPHALT PAVING REPAIR Page 5 of 8 1 1) Preparing final surfaces 2 2) Furnishing, loading, unloading, storing, hauling and handling all materials 3 including freight and royalty 4 3) Traffic control for all testing 5 4) Asphalt, aggregate, and additive 6 5) Materials and work needed for corrective action 7 6) Trial batches 8 7) Tack coat 9 8) Removal and/or sweeping excess material 10 1.3 REFERENCES 11 A. Definitions 12 1. H.M.A.C. —Hot Mix Asphalt Concrete 13 1.4 ADMINISTRATIVE REQUIREMENTS 14 A. Permitting 15 1. Obtain Street Use Permit to make utility cuts in the street from the Transportation 16 and Public Works Department in conformance with current ordinances. 17 2. The Transportation and Public Works Department will inspect the paving repair 18 after construction. 19 1.5 SUBMITTALS [NOT USED] 20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 21 A. Asphalt Pavement Mix Design: submit for approval: see Section 32 12 16. 22 1.7 CLOSEOUT SUBMITTALS [NOT USED] 23 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 24 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320117-6 PERMANENT ASPHALT PAVING REPAIR Page 6 of 8 1 1.11 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.12 FIELD CONDITIONS 3 A. Place mixture when the roadway surface temperature is 45 degrees F or higher and 4 rising unless otherwise approved. 5 1.13 WARRANTY [NOT USED] 6 PART 2 - PRODUCTS 7 2.1 OWNER -FURNISHED [NOT USED] 8 2.2 MATERIALS 9 A. Backfill 10 1. See Section 33 05 10. 11 B. Base Material 12 1. Concrete Base Material for Trench Repair: See Section 03 34 16. 13 2. Concrete Base: See Section 32 13 13. 14 C. Asphalt Paving: see Section 32 12 16. 15 1. H.M.A.C. paving: Type D. 16 2.3 ACCESSORIES [NOT USED] 17 2.4 SOURCE QUALITY CONTROL [NOT USED] 18 PART 3 - EXECUTION 19 3.1 INSTALLERS [NOT USED] 20 3.2 EXAMINATION [NOT USED] 21 3.3 PREPARATION 22 A. Surface Preparation CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320117-7 PERMANENT ASPHALT PAVING REPAIR Page 7 of 8 1 1. Mark pavement cut for repairs for approval by the City. 2 2. Contractor and City meet prior to saw cutting to confirm limits of repairs. 3 3.4 INSTALLATION 4 A. General 5 1. Equipment 6 a. Use machine intended for cutting pavement. 7 b. Milling machines maybe used as long as straightedge is maintained. 8 2. Repairs: In true and straight lines to dimensions shown on the Drawings. 9 3. Utility Cuts 10 a. In a true and straight line on both sides of the trench 11 b. Minimum of 12 inches outside the trench walls 12 c. If the existing flexible pavement is 2 feet or less between the lip of the existing 13 gutter and the edge of the trench repair, remove the existing paving to such 14 gutter. 15 4. Limit dust and residues from sawing from entering the atmosphere or drainage 16 facilities. 17 B. Removal 18 1. Use care to prevent fracturing existing pavement structure adjacent to the repair 19 area. 20 C. Base 21 1. Install replacement base material as specified in Drawings. 22 D. Asphalt Paving 23 1. H.M.A.0 placement: in accordance with Section 32 12 16 24 2. Type D surface mix CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 104266 Revised December 20, 2012 1 2 9 4 5 6 7 8 9 10 11 12 13 14 15 16 3. Depth: as specified in Drawings 4. Place surface mix in lifts not to exceed 3 inches. 5. Last or top lift shall not be less than 2 inches thick. 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE NAME 12/20/2012 D.Johnson 320117-8 PERMANENT ASPHALT PAVING REPAIR Page 8 of 8 END OF SECTION Revision Log SUMMARY OF CHANGE 1.2.A — Modified Items to be included in price bid; Added blue text for clarification of repair width on utility trench repair; Added a bid item for utility service trench repair. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 320118-1 TEMPORARY ASPHALT PAVING REPAIR Page 1 of S 1 SECTION 32 0118 2 TEMPORARY ASPHALT PAVING REPAIR 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Utility cuts (water, sanitary sewer, drainage, etc.) along streets programmed for 7 total reconstruction under a Capital Improvement Program or resurfacing under a 8 Street Maintenance Program. 9 2. Repairs of damage caused by Contractor 10 3. Any other temporary pavement repair needed during the course of construction. 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. 2-inch Temporary Pavement Repair shall include, 2-inch HMAC Type D and 6-inch 13 Type B Flex Base Material, Grade 2 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 3. Section 32 1123 - Flexible Base Courses 18 4. Section 32 12 16 -Asphalt Paving 19 5. Section 33 05 10 - Utility Trench Excavation, Embedment and Backfill 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Measurement 23 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320118-2 TEMPORARY ASPHALT PAVING REPAIR Page 2 of 5 1 a. Measurement for this Item shall be by the linear foot of Temporary Asphalt 2 Paving Repair. 3 2. Payment 4 a. The work performed and materials furnished in accordance with this Item and 5 measured as provided under "Measurement" will be paid for at the unit price 6 bid per linear foot of Temporary Asphalt Paving Repair. No additional 7 payment will be provided for repairs of damage to adjacent pavement caused 8 by the Contractor. 9 3. The price bid shall include: 10 a. Preparing final surfaces 11 b. Furnishing, loading, unloading, storing, hauling and handling all materials 12 including freight and royalty 13 c. Traffic control for all testing 14 d. Asphalt, aggregate, and additive 15 e. Materials and work needed for corrective action 16 f. Trial batches 17 g. Tack coat 18 h. Removal and/or sweeping excess material 19 20 1.3 REFERENCES 21 A. Definitions 22 1. H.M.A.C. —Hot Mix Asphalt Concrete 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Permitting 25 1. Obtain Street Use Permit to make utility cuts in the street from the Transportation 26 and Public Works Department in conformance with current ordinances. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320118-3 TEMPORARY ASPHALT PAVING REPAIR Page 3 of 5 1 2. The Transportation and Public Works Department will inspect the paving repair 2 after construction. 3 1.5 SUBMITTALS [NOT USED] 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 5 A. Asphalt Pavement Mix Design: submit for approval. Section 32 12 16. 6 1.7 CLOSEOUT SUBMITTALS [NOT USED] 7 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8 1.9 QUALITY ASSURANCE [NOT USED] 9 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 10 1.11 FIELD CONDITIONS 11 A. Weather Conditions: Place mixture when the roadway surface temperature is 40 12 degrees F or higher and rising unless otherwise approved. 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS 15 2.1 OWNER -FURNISHED [NOT USED] 16 2.2 MATERIALS 17 A. Backfill: see Section 33 05 10. 18 B. Base Material 19 1. Flexible Base: Use existing base and add new flexible base as required in 20 accordance with Section 32 1123. 21 C. Asphalt Concrete: See Section 32 12 16. 22 1. H.M.A.C. paving: Type D. 23 2.3 ACCESSORIES [NOT USED] CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 320118-4 TEMPORARY ASPHALT PAVING REPAIR Page 4 of 5 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION [NOT USED] 5 3.3 PREPARATION [NOT USED] 6 3.4 INSTALLATION 7 A. Removal 8 1. Use an approved method that produces a neat edge. 9 2. Use care to prevent fracturing existing pavement structure adjacent to the repair 10 area. 11 B. Base 12 1. Install flexible base material per detail. 13 2. See Section 32 1123. 14 C. Apshalt Paving 15 1. H.M.A.C. placement: in accordance with Section 32 12 16. 16 2. Type D surface mix. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 320118-5 TEMPORARY ASPHALT PAVING REPAIR Page 5 of 5 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2.A — Modified Items to be included in price bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 1 2 3 PART1- GENERAL SECTION 32 17 23 PAVEMENT MARKINGS 32 1723- 1 PAVEMENT MARKINGS Page 1 of I 1 4 1.1 SUMMARY 5 A.Section Includes: 6 1. Pavement Markings 7 a. Thermoplastic, hot -applied, spray (HAS) pavement markings 8 b. Thermoplastic, hot -applied, extruded (HAE) pavement markings 9 c. Preformed polymer tape 10 d. Preformed heat -activated thermoplastic tape I 1 e. Preformed Contrast Markings 12 2. Raised markers 13 3. Work zone markings 14 4. Removal of pavement markings and markers 15 B.Deviations from this City of Fort Worth Standard Specification 16 1. For Miscellaneous Water and Sewer Contracts, all Pavement Marking repairs and replacements shall be subsidiary to the appropriate pavement repair bid item. 17 C.Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 19 2. Division 1 — General Requirements 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A.Measurement and Payment 22 1. Pavement Markings 23 a. Measurement 24 1) Measurement for this Item shall be per linear foot of material placed. 25 b. Payment 26 1) The work performed and materials furnished in accordance with this Item 27 and measured as provided under "Measurement" shall be paid for at the unit 28 price bid per linear foot of "Pvmt Marking" installed for: 29 a) Various Widths 30 b) Various Types 31 c) Various Materials 32 d) Various Colors 33 c. The price bid shall include: 34 1) Installation of Pavement Marking 35 2) Glass beads, when required 36 3) Surface preparation 37 4) Clean-up 38 5) Testing (when required) 39 2. Legends 40 a. Measurement 41 1) Measurement for this Item shall be per each Legend installed. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 32 1723 -2 PAVEMENT MARKINGS Page 2 of 11 b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each "Legend" installed for: a) Various types b) Various applications c. The price bid shall include: 1) Installation of Pavement Marking 2) Glass beads, when required 3) Surface preparation 4) Clean-up 5) Testing 3. Preformed Thermoplastic — Contrast Markings a. Measurement 1) Measurement for this Item shall be per linear foot of material placed or per each for legend items b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per linear foot or per each for legends for "Preformed Thermoplastic — Contract Markings" installed for: a) Various Widths b) Various Types c) Various Applications c. The price bid shall include: 1) Installation of Contrast Markings, including solid black and solid white or yellow material as preformed 2) Railroad Legend shall include X and RR legend markings and three 24" stop bars 3) Surface preparation 4) Clean-up 5) Testing 4. Raised Markers a. Measurement 1) Measurement for this Item shall be per each Raised Marker installed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each "Raised Marker" installed for: a) Various types c. The price bid shall include: 1) Installation of Raised Markers 2) Surface preparation 3) Clean-up 4) Testing 5. Work Zone Tab Markers a. Measurement 1) Measurement for this Item shall be per each Tab Marker installed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each "Tab Marker" installed for: a) Various types CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 321723-3 PAVEMENT MARKINGS Page 3 of 1 I c. The price bid shall include: 1) Installation of Tab Work Zone Markers 6. Fire Lane Markings a. Measurement 1) Measurement for this Item shall be per the linear foot. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per linear foot of "Fire Lane Marking" installed. c. The price bid shall include: 1) Surface preparation 2) Clean-up 3) Testing 7. Pavement Marking Removal a. Measurement 1) Measure for this Item shall be per linear foot. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per linear foot of "Remove Pvmt Marking" performed for: a) Various widths c. The price bid shall include: 1) Removal of Pavement Markings 2) Clean-up 8. Raised Marker Removal a. Measurement 1) Measurement for this Item shall be per each Pavement Marker removed. b. Payment 1) The work performed and materials furnished in accordance with this Item shall be paid for at the unit price bid per each "Remove Raised Marker" performed. c. The price bid shall include: 1) Removal of each Marker 2) Disposal of removed materials 3) Clean-up 9. Legend Removal a. Measurement 1) Measure for this Item shall be per each Legend removed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per linear foot of "Remove Legend" performed for: a) Various types b) Various applications c. The price bid shall include: 1) Removal of Pavement Markings 2) Clean-up CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 MSERR2022 City Project No. 104266 32 17 23 - 4 PAVEMENT MARKINGS Page 4 of 11 1 1.3 REFERENCES 2 A.Reference Standards 3 1. Reference standards cited in this Specification refer to the current reference 4 standard published at the time of the latest revision date logged at the end of this 5 Specification, unless a date is specifically cited. 6 2. Texas Manual on Uniform Traffic Control Devices (MUTCD), 2011 Edition 7 a. Part 3, Markings 8 3. American Association of State Hiv-hwav and Transportation Officials (AASHTO) 9 a. Standard Specification for Glass Beads Used in Pavement Markings, M 247-09 10 4. Federal Hivhwav Administration (FHWA) 11 a. 23 CFR Part 655, FHWA Docket No. FHWA-2009-0139 12 5. Texas Department of Transportation (TxDOT) 13 a. DMS-4200, Pavement Markers (Reflectorized) 14 b. DMS-4300, Traffic Buttons 15 c. DMS-8220, Hot Applied Thermoplastic 16 d. DMS-8240, Permanent Prefabricated Pavement Markings 17 e. DMS-8241, Removable Prefabricated Pavement Markings 18 f. DMS-8242, Temporary Flexible -Reflective Road Marker Tabs 19 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 20 1.5 SUBMITTALS 21 A.Submittals shall be in accordance with Section 01 33 00. 22 B.All submittals shall be approved by the City prior to delivery and/or fabrication for 23 specials. 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 DELIVERY, STORAGE, AND HANDLING 29 A.Storage and Handling Requirements 30 1. The Contractor shall secure and maintain a location to store the material in 31 accordance with Section 0150 00. 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS 35 2.1 OWNER -SUPPLIED PRODUCTS 36 A.New Products 37 1. Refer to Drawings to determine if there are owner -supplied products for the Project. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 321723-5 PAVEMENT MARKINGS Page 5 of 11 1 2.2 MATERIALS 2 A.Manufacturers 3 1. Only the manufacturers as listed in the City's Standard Products List will be 4 considered as shown in Section 01 60 00. 5 a. The manufacturer must comply with this Specification and related Sections. 6 2. Any product that is not listed on the Standard Products List is considered a 7 substitution and shall be submitted in accordance with Section 0125 00. 8 B.Materials 9 1. Pavement Markings 10 a. Thermoplastic, hot applied, spray 11 1) Refer to Drawings and City Standard Detail Drawings for width of 12 longitudinal lines. 13 2) Product shall be especially compounded for traffic markings. 14 3) When placed on the roadway, the markings shall not be slippery when wet, 15 lift from pavement under normal weather conditions nor exhibit a tacky 16 exposed surface. 17 4) Cold ductility of the material shall permit normal road surface expansion 18 and contraction without chipping or cracking. 19 5) The markings shall retain their original color, dimensions and placement 20 under normal traffic conditions at road surface temperatures of 158 degrees 21 Fahrenheit and below. 22 6) Markings shall have uniform cross-section, clean edges, square ends and no 23 evidence of tracking. 24 7) The density and quality of the material shall be uniform throughout the 25 markings. 26 8) The thickness shall be uniform throughout the length and width of the 27 markings. 28 9) The markings shall be 95 percent free of holes and voids, and free of 29 blisters for a minimum of 60 days after application. 30 10) The material shall not deteriorate by contact with sodium chloride, calcium 31 chloride or other chemicals used to prevent roadway ice or because of the oil 32 content of pavement markings or from oil droppings or other effects of traffic. 33 11) The material shall not prohibit adhesion of other thermoplastic markings if, 34 at some future time, new markings are placed over existing material. 35 a) New material shall bond itself to the old line in such a manner that no 36 splitting or separation takes place. 37 12) The markings placed on the roadway shall be completely retroreflective 38 both internally and externally with traffic beads and shall exhibit uniform 39 retro-directive reflectance. 40 13) Traffic beads 41 a) Manufactured from glass 42 b) Spherical in shape 43 c) Essentially free of sharp angular particles 44 d) Essentially free of particles showing cloudiness, surface scoring or 45 surface scratching 46 e) Water white in color 47 f) Applied at a uniform rate CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 321723-6 PAVEMENT MARKINGS Page 6 of 11 l g) Meet or exceed Specifications shown in AASHTO Standard 2 Specification for Glass Beads Used in Pavement Markings, AASHTO 3 Designation: M 247-09. 4 b. Thermoplastic, hot applied, extruded 5 1) Product shall be especially compounded for traffic markings 6 2) When placed on the roadway, the markings shall not be slippery when wet, 7 lift from pavement under normal weather conditions nor exhibit a tacky 8 exposed surface. 9 3) Cold ductility of the material shall permit normal road surface expansion 10 and contraction without chipping or cracking. 11 4) The markings shall retain their original color, dimensions and placement 12 under normal traffic conditions at road surface temperatures of 158 degrees 13 Fahrenheit and below. 14 5) Markings shall have uniform cross-section, clean edges, square ends and no 15 evidence of tracking. 16 6) The density and quality of the material shall be uniform throughout the 17 markings. 18 7) The thickness shall be uniform throughout the length and width of the 19 markings. 20 8) The markings shall be 95 percent free of holes and voids, and free of 21 blisters for a minimum of 60 days after application. 22 9) The minimum thickness of the marking, as measured above the plane 23 formed by the pavement surface, shall not be less than 1 /8 inch in the center 24 of the marking and 3/32 inch at a distance of inch from the edge. 25 10) Maximum thickness shall be 3/16 inch. 26 11) The material shall not deteriorate by contact with sodium chloride, calcium 27 chloride or other chemicals used to prevent roadway ice or because of the oil 28 content of pavement markings or from oil droppings or other effects of traffic. 29 12) The material shall not prohibit adhesion of other thermoplastic markings if, 30 at some future time, new markings are placed over existing material. New 31 material shall bond itself to the old line in such a manner that no splitting or 32 separation takes place. 33 13) The markings placed on the roadway shall be completely retroreflective 34 both internally and externally with traffic beads and shall exhibit uniform 35 retro-directive reflectance. 36 14) Traffic beads 37 a) Manufactured from glass 38 b) Spherical in shape 39 c) Essentially free of sharp angular particles 40 d) Essentially free of particles showing cloudiness, surface scoring or 41 surface scratching 42 e) Water white in color 43 f) Applied at a uniform rate 44 g) Meet or exceed Specifications shown in AASHTO Standard 45 Specification for Glass Beads Used in Pavement Markings, AASHTO 46 Designation: M 247-09. 47 c. Preformed Polymer Tape 48 1) Material shall meet or exceed the Specifications for SWARCO Director 35, 49 3M High Performance Tape Series 3801 ES, or approved equal. 50 d. Preformed Heat -Activated Thermoplastic Tape CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 321723-7 PAVEMENT MARKINGS Page 7 of 11 1 1) Material shall meet or exceed the Specifications for HOT Tape Brand 0.125 2 mil preformed thermoplastic or approved equal. 3 2. Raised Markers 4 a. Markers shall meet the requirements of the Texas Manual on Uniform Traffic 5 Control Devices. 6 b. Non -reflective markers shall be Type Y (yellow body) and Type W (white body) 7 round ceramic markers and shall meet or exceed the TxDOT Specification 8 DMS-4300. 9 c. The reflective markers shall be plastic, meet or exceed the TxDOT Specification 10 DMS-4200 for high -volume retroreflective raised markers and be available in 11 the following types: 12 1) Type I-C, white body, 1 face reflects white 13 2) Type II -A -A, yellow body, 2 faces reflect amber 14 3) Type II-C-R, white body, 1 face reflects white, the other red N 16 3. Work Zone Markings 17 a. Tabs 18 1) Temporary flexible -reflective roadway marker tabs shall meet requirements 19 of TxDOT DMS-8242, "Temporary Flexible -Reflective Road Marker Tabs." 20 2) Removable markings shall not be used to simulate edge lines. 21 3) No segment of roadway open to traffic shall remain without permanent 22 pavement markings for a period greater than 14 calendar days. 23 b. Raised Markers 24 1) All raised pavement markers shall meet the requirements of DMS-4200. 25 c. Striping 26 1) Work Zone striping shall meet or exceed the TxDOT Specification DMS- 27 8200. 28 2.3 ACCESSORIES [NOT USED] 29 2.4 SOURCE QUALITY CONTROL 30 A.Performance 31 1. Minimum maintained retroreflectivity levels for longitudinal markings shall meet 32 the requirements detailed in the table below for a minimum of 30 calendar days. Posted Speed (mph) <_ 30 35 — 50 > 55 2-lane roads with centerline n/a 100 250 markings only (1) All other roads (2) n/a 50 100 33 (1) Measured at standard 30-m geometry in units of mcd/m2/lux. 34 (2) Exceptions: 35 A. When raised reflective pavement markings (RRPMs) supplement or substitute for a 36 longitudinal line, minimum pavement marking retroreflectivity levels are not applicable as 37 long as the RRPMs are maintained so that at least 3 are visible from any position along that 38 line during nighttime conditions. 39 B. When continuous roadway lighting assures that the markings are visible, minimum 40 pavement marking retroreflectivity levels are not applicable. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 321723-8 PAVEMENT MARKINGS Page 8 of I 1 1 PART 3 - EXECUTION 2 3.1 EXAMINATION [NOT USED] 3 3.2 PREPARATION 4 A.Pavement Conditions 5 1. Roadway surfaces shall be free of dirt, grease, loose and/or flaking existing 6 markings and other forms of contamination. 7 2. New Portland cement concrete surfaces shall be cleaned sufficiently to remove the 8 curing membrane. 9 3. Pavement to which material is to be applied shall be completely dry. 10 4. Pavement shall be considered dry, if, on a sunny day after observation for 15 11 minutes, no condensation develops on the underside of a 1 square foot piece of 12 clear plastic that has been placed on the pavement and weighted on the edges. 13 5. Equipment and methods used for surface preparation shall not damage the 14 pavement or present a hazard to motorists or pedestrians. 15 3.3 INSTALLATION 16 A.General 17 1. The materials shall be applied according to the manufacturer's recommendations. 18 2. Markings and markers shall be applied within temperature limits recommended by 19 the material manufacturer, and shall be applied on clean, dry pavement having a 20 surface temperature above 50 degrees Fahrenheit. 21 3. Markings that are not properly applied due to faulty application methods or being 22 placed in the wrong position or alignment shall be removed and replaced by the 23 Contractor at the Contractor's expense. If the mistake is such that it would be 24 confusing or hazardous to motorists, it shall be remedied the same day of 25 notification. Notification will be made by phone and confirmed by fax. Other 26 mistakes shall be remedied within 5 days of written notification. 27 4. When markings are applied on roadways open to traffic, care will be taken to 28 ensure that proper safety precautions are followed, including the use of signs, 29 cones, barricades, flaggers, etc. 30 5. Freshly applied markings shall be protected from traffic damage and disfigurement. 31 6. Temperature of the material must be equal to the temperature of the road surface 32 before allowing traffic to travel on it. 33 B. Pavement Markings 34 1. Thermoplastic, hot applied, spray 35 a. This method shall be used to install and replace long lines — centerlines, lane 36 lines, edge lines, turn lanes, and dots. 37 b. Markings shall be applied at a 110-mil thickness. 38 c. Markings shall be applied at a 90-mil thickness when placed over existing 39 markings. 40 d. A sealer shall be used if concrete or asphalt is older than three (3) years. 41 e. Typical setting time shall be between 4 minutes and 10 minutes depending upon 42 the roadway surface temperature and the humidity factor. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 32 17 23 - 9 PAVEMENT MARKINGS Page 9 of 11 f. Retroreflective raised markers shall be used to supplement the centerlines, lane lines, and turn lanes. Refer to City Standard Detail Drawings for placement. g. Minimum retroreflectivity of markings shall meet or exceed values shown in subparagraph 2A.A.1 of this Specification. 2. Thermoplastic, hot applied, extruded a. This method shall be used to install and replace crosswalks and stop -lines. b. Markings shall be applied at a 125-mil thickness. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. 3. Preformed Polymer Tape a. This method shall be used to install and replace crosswalks, stop -lines, and legends. b. The applied marking shall adhere to the pavement surface with no slippage or lifting and have square ends, straight lines and clean edges. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. 4. Preformed Heat -Activated Thermoplastic Tape a. This method shall be used to install and replace crosswalks, stop -lines, and legends. b. The applied marking shall adhere to the pavement surface with no slippage or lifting and have square ends, straight lines and clean edges. c. Minimum retroreflectivity of markings shall meet or exceed values shown in this Specification. C.Raised Markers 1. All permanent raised pavement markers on Portland Cement roadways shall be installed with epoxy adhesive. Bituminous adhesive is not acceptable. 2. All permanent raised pavement markers on new asphalt roadways may be installed with epoxy or bituminous adhesive. 3. A chalk line, chain or equivalent shall be used during layout to ensure that individual markers are properly aligned. All markers shall be placed uniformly along the line to achieve a smooth continuous appearance. D.Work Zone Markings 1. Work shall be performed with as little disruption to traffic as possible. 2. Install longitudinal markings on pavement surfaces before opening to traffic. 3. Maintain lane alignment traffic control devices and operations until markings are installed. 4. Install markings in proper alignment in accordance with the Texas MUTCD and as shown on the Drawings. 5. Place standard longitudinal lines no sooner than 3 calendar days after the placement of a surface treatment, unless otherwise shown on the Drawings. 6. Place markings in proper alignment with the location of the final pavement markings. 7. Do not use raised pavement markers for words, symbols, shapes, or diagonal or transverse lines. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 MSERR2022 City Project No. 104266 32 17 23 - 10 PAVEMENT MARKINGS Page 10 of 11 1 8. All markings shall be visible from a distance of 300 feet in daylight conditions and 2 from a distance of at least 160 feet in nighttime conditions, illuminated by low- 3 beam automobile headlight. 4 9. The daytime and nighttime reflected color of the markings must be distinctly white 5 or yellow. 6 10. The markings must exhibit uniform retroreflective characteristics. 7 11. Epoxy adhesives shall not be used to work zone markings. 8 3.4 REMOVALS 9 1. Pavement Marking and Marker Removal 10 a. The industry's best practice shall be used to remove existing pavement markings 11 and markers. 12 b. If the roadway is being damaged during the marker removal, Work shall be 13 halted until consultation with the City. 14 c. Removals shall be done in such a matter that color and texture contrast of the 15 pavement surface will be held to a minimum. 16 d. Repair damage to asphaltic surfaces, such as spalling, shelling, etc., greater than 17 1/4 inch in depth resulting from the removal of pavement markings and markers. 18 Driveway patch asphalt emulsion may be broom applied to reseal damage to 19 asphaltic surfaces. 20 e. Dispose of markers in accordance with federal, state, and local regulations. 21 f. Use any of the following methods unless otherwise shown on the Drawings. 22 1) Surface Treatment Method 23 a) Apply surface treatment at rates shown on the Drawings or as directed. 24 Place a surface treatment a minimum of 2 feet wide to cover the existing 25 marking. 26 b) Place a surface treatment, thin overlay, or microsurfacing a minimum 27 of 1 lane in width in areas where directional changes of traffic are 28 involved or in other areas as directed by the City. 29 2) Burn Method 30 a) Use an approved burning method. 31 b) For thermoplastic pavement markings or prefabricated pavement 32 markings, heat may be applied to remove the bulk of the marking material 33 prior to blast cleaning. 34 c) When using heat, avoid spalling pavement surfaces. 35 d) Sweeping or light blast cleaning may be used to remove minor residue. 36 3) Blasting Method 37 a) Use a blasting method such as water blasting, abrasive blasting, water 38 abrasive blasting, shot blasting, slurry blasting, water -injected abrasive 39 blasting, or brush blasting as approved. 40 b) Remove pavement markings on concrete surfaces by a blasting method 41 only. 42 4) Mechanical Method 43 a) Use any mechanical method except grinding. 44 b) Flail milling is acceptable in the removal of markings on asphalt and 45 concrete surfaces. 46 2. If a location is to be paved over, no additional compensation will be allowed for 47 marking or marker removal. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised June 10, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 32 17 23 - 11 PAVEMENT MARKINGS Page 11 of 11 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL A.All lines must have clean edges, square ends, and be uniform cross-section. B. The density and quality of markings shall be uniform throughout their thickness. C.The applied markings shall have no more than 5 percent, by area, of holes or voids and shall be free of blisters. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A.Contractor shall clean up and remove all loose material resulting from construction operations. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE 11/22/13 S. Arnold I Removed paint type marking, updated references, added sealer language 6/10/22 M Owen I 1.1 A and 1.2 A — Revised to address preformed "contrast' pavement markings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 MSERR2022 City Project No. 104266 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 32 3113 CHAIN LINK FENCE AND GATES 32 31 13- 1 CHAIN LINK FENCE AND GATES Page 1 of 7 5 A. Section Includes: 6 1. Galvanized coated chain link (non -security) fencing and accessories in accordance 7 with the City's Zoning Ordinance. 8 2. Wrought iron fencing and accessories 9 3. Steel tube fencing and accessories 10 4. On utility projects: I 1 a. When existing fence is within the project Site (i.e. parallel to the utility trench 12 and/or within utility easement) and is directly disturbed by construction 13 activities, fencing will be paid for as listed in Article 1.2 below. 14 b. When existing fence is crossing the proposed utility trench, the work performed 15 and materials furnished in accordance with fence replacement will be 16 considered subsidiary to the trench and no other compensation will be allowed. 17 c. When existing fence is outside of the limits of the project Site or is identified as 18 protected on the Drawings and is disturbed and/or by construction activities, 19 replacement will be at the expense of the Contractor and no other compensation 20 will be allowed. 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements 23 shall be subsidiary to the price bid per linear foot of pipe. No additional 24 compensation will be allowed. 25 C. Related Specification Sections include, but are not necessarily limited to: 26 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 27 2. Division I - General Requirements 28 1.2 PRICE AND PAYMENT PROCEDURES 29 A. Measurement and Payment 30 1. Chain Link Fence 31 a. Measurement 32 1) Measurement for this Item shall be by the linear foot of Chain Link Fence 33 installed. 34 b. Payment 35 1) The work performed and materials furnished in accordance with this Item 36 and measured as provided under "Measurement" will be paid for at the unit 37 price bid per linear foot of Chain Link Fence installed for various: 38 a) Heights 39 b) Fabric materials 40 c. The price bid shall include: 41 1) Furnishing and installing all fence and gate materials 42 2) Mow strip, if shown in Drawings CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 323113-2 CHAIN LINK FENCE AND GATES Page 2 of 7 1 3) Cleanup 2 4) Hauling 3 2. Wrought Iron Fence 4 a. Measurement 5 1) Measurement for this Item shall be by the linear foot of Wrought Iron 6 Fence installed. 7 b. Payment 8 1) The work performed and materials furnished in accordance with this Item 9 and measured as provided under "Measurement" will be paid for at the unit 10 price bid per linear foot of Wrought Iron Fence installed for various 11 heights. 12 c. The price bid shall include: 13 1) Furnishing and installing all fence and gate materials 14 2) Mow strip, if shown in Drawings 15 3) Cleanup 16 4) Hauling 17 3. Steel Tube Fence 18 a. Measurement 19 1) Measurement for this Item shall be by the linear foot of Steel Tube Fence 20 installed. 21 b. Payment 22 1) The work performed and materials furnished in accordance with this Item 23 and measured as provided under "Measurement" will be paid for at the unit 24 price bid per linear foot of Steel Tube Fence installed for various heights. 25 c. The price bid shall include: 26 1) Furnishing and installing all fence and gate materials 27 2) Mow strip, if shown in Drawings 28 3) Cleanup 29 4) Hauling 30 1.3 REFERENCES 31 A. Reference Standards 32 1. Reference standards cited in this specification refer to the current reference standard 33 published at the time of the latest revision date logged at the end of this 34 specification, unless a date is specifically cited. 35 2. American Society for Testing and Materials (ASTM): 36 a. A 36, Standard Specification for Carbon Structural Steel 37 b. A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron 38 and Steel Products 39 c. A 392, Standard Specification for Zinc -Coated Steel Chain -Link Fence Fabric 40 d. A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon 41 Steel Structural Tubing in Rounds and Shapes 42 e. F 626, Standard Specification for Fence Fittings 43 f. F 1043, Standard Specification for Strength and Protective Coatings on Steel 44 Industrial Chain Link Fence Framework 45 g. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 46 (Galvanized) Welded, for Fence Structures 47 h. F 1183, Specification for Aluminum Alloy Chain Link Fence Fabric CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 3231 13- 3 CHAIN LINK FENCE AND GATES Page 3 of 7 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 ACTION SUBMITTALS 3 A. Shop drawings 4 1. Layout of fences and gates with dimensions, details, and finishes of components, 5 accessories and post foundations if requested by the City. 6 B. Product data 7 1. Manufacturer's catalog cuts indicating material compliance and specified options. 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS 16 2.1 OWNER -FURNISHED [NOT USED] 17 2.2 MANUFACTURED UNITS / MATERIALS 18 A. Manufacturer 19 1. Minimum of 5 years of experience manufacturing galvanized coated chain link 20 fencing. 21 2. Approved Manufacturer or equal: 22 a. Allied Fence, Inc. 23 b. American Fence Corp. 24 c. Anchor Fence, Inc. 25 d. Master Halco, Inc. 26 B. Materials 27 1. Chain Link Fence 28 a. General 29 1) Posts, gate frames, braces, rails, stretcher bars, truss rods and tension wire 30 shall be of steel. 31 2) Gate hinges, post caps, barbed wire supporting arms, stretcher bar bands 32 and other parts shall be of steel, malleable iron, ductile iron or equal 33 3) Post tops, rail end, ties and clips may be of aluminum. 34 4) Use only new material, or salvaged/existing material if approved by City or 35 noted on Drawings. 36 b. Steel Fabric 37 1) Fabric 38 a) No. 9 gauge 39 b) 2-inch mesh 40 (1) Commercial: both top and bottom selvages twisted and barged CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 32 31 13-4 CHAIN LINK FENCE AND GATES Page 4 of 7 Residential: match existing or both top and bottom selvages knuckled (2) Furnish 1-piece fabric widths. 2) Fabric Finish: Galvanized, ASTM A 392, Class I, with not less than 1.2 oz. zinc per square foot of surface. c. Aluminum Fabric 1) Fabric a) ASTM F 1183 b) No. 9 gauge c) 2-inch mesh, with both top and bottom selvages twisted and barged. d) Furnish 1-piece fabric widths. d. Steel Framing 1) Steel pipe - Type I a) ASTM F 1083 b) Standard weight schedule 40 c) Minimum yield strength: 30,000 psi d) Sizes as indicated e) Hot -dipped galvanized with minimum average 1.8 oz/ft2 of coated surface area 2) Steel pipe - Type I1 a) ASTM F 1043, Group IC b) Minimum yield strength: 50,000 psi c) Sizes as indicated on Drawings d) Protective coating per ASTM F 1043 (1) External coating Type B (a) Zinc with organic overcoat (b) 0.9 oz/ftz minimum zinc coating with chromate conversion coating and verifiable polymer film (2) Internal coating Type B (a) Minimum 0.9 oz/ft2 zinc or Type D, zinc pigmented, 81 percent nominal coating, minimum 3 mils 3) Formed steel ("C") sections: a) Roll formed steel shapes complying with ASTM F 1043, Group II b) Minimum yield strength: 45,000 psi (310 MPa) c) Sizes as indicated on Drawings d) External coating per ASTM F 1043, Type A (1) Minimum average 2.0 oz/ft2 of zinc per ASTM A 123 4) Steel square sections a) ASTM A 500, Grade B b) Minimum yield strength: 40,000 psi c) Sizes as indicated on Drawings d) Hot -dipped galvanized with minimum 1.8 oz/ft2 of coated surface area e. Accessories 1) Chain link fence accessories a) ASTM F 626 b) Provide items required to complete fence system. c) Galvanize each ferrous metal item and finish to match framing. 2) Post caps a) Formed steel or cast malleable iron weather tight closure cap for tubular posts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 32 31 13-5 CHAIN LINK FENCE AND GATES Page 5 of 7 b) Provide 1 cap for each post. c) Cap to have provision for barbed wire when necessary. d) "C" shaped line post without top rail or barbed wire supporting arms do not require post caps. e) Where top rail is used, provide tops to permit passage of top rail. 3) Top rail and rail ends a) 1 5/8 inch diameter galvanized round pipe for horizontal railing b) Pressed steel per ASTM F626 c) For connection of rail and brace to terminal posts 4) Top rail sleeves a) 7-inch expansion sleeve with a minimum 0.137 inch wire diameter and 1.80 inch length spring, allowing for expansion and contraction of top rail 5) Wire ties a) 9 gauge galvanized steel wire for attachment of fabric to line posts b) Double wrap 13 gauge for rails and braces. c) Hog ring ties of 12-1/2 gauge for attachment 6) Brace and tension (stretcher bar) bands a) Pressed steel b) Minimum 300 degree profile curvature for secure fence post attachment c) At square post provide tension bar clips. 7) Tension (stretcher) bars: a) 1 piece lengths equal to 2 inches less than full height of fabric b) Minimum cross-section of 3/16 inch x 3/4 inch c) Provide tension (stretcher) bars where chain link fabric meets terminal posts. 8) Tension wire a) Galvanized coated steel wire, 6 gauge, [0.192 inch] diameter wire b) Tensile strength: 75,000 psi 9) Truss rods & tightener a) Steel rods with minimum diameter of 5/16 inch b) Capable of withstanding a tension of minimum 2,000 pounds 10) Nuts and bolts are galvanized. 2. Wrought Iron Fence: specified per Drawings. 3. Steel Tube Fence: specified per Drawings. 4. Setting Materials a. Concrete 1) Minimum 28 day compressive strength of 3,000 psi 2) Bagged concrete allowed. b. Drive Anchors 1) Galvanized angles 2) ASTM A 36 steel 3) 1 inch x 1 inch x 30 inch galvanized shoe clamps to secure angles to posts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 32 31 13 - 6 CHAIN LINK FENCE AND GATES Page 6 of 7 1 2.3 ACCESSORIES [NOT USED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION 6 A. Verification of Conditions 7 1. Verify areas to receive fencing are completed to final grades and elevations. 8 2. Ensure property lines and legal boundaries of work are clearly established 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. Chain Link Fence Framing 12 1. Locate terminal post at each fence termination and change in horizontal or vertical 13 direction of 30 degrees or more. 14 2. Space line posts uniformly at 10 feet on center. 15 3. Set all posts in concrete 16 a. Drill holes in firm, undisturbed or compacted soil. 17 b. Drill hole diameter 4 times greater than outside dimension of post. 18 c. Set post bottom 24 inches below surface when in firm, undisturbed soil. 19 d. Excavate deeper as required for adequate support in soft and loose soils, and for 20 posts with heavy lateral loads. 21 e. Place concrete around posts in a continuous pour. Trowel finish around post. 22 Slope to direct water away from posts. 23 4. Check each post for vertical and top alignment, and maintain in position during 24 placement and finishing operations. 25 5. Bracing 26 a. Install horizontal pipe brace at mid -height for fences 6 feet and taller, on each 27 side of terminal posts. 28 b. Firmly attach with fittings. 29 c. Install diagonal truss rods at these points. 30 d. Adjust truss rod, ensuring posts remain plumb. 31 6. Tension wire 32 a. Provide tension wire at bottom of fabric and at top, if top rail is not specified. 33 b. Install tension wire before stretching fabric and attach to each post with ties. 34 c. Secure tension wire to fabric with 12-1/2 gauge hog rings 24 inches on center. 35 7. Top rail 36 a. Install lengths, 21 feet 37 b. Connect joints with sleeves for rigid connections for expansion/contraction. 38 8. Center Rails for fabric height 12 feet and taller. 39 a. Install mid rails between posts with fittings and accessories. 40 9. Bottom Rails: Install bottom rails between posts with fittings and accessories. 41 B. Chain Link Fabric Installation CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 32 31 13-7 CHAIN LINK FENCE AND GATES Page 7 of 7 1. Fabric a. Install fabric on security side and attach so that fabric remains in tension after pulling force is released. b. Leave approximately 2 inches between finish grade and bottom selvage. c. Attach fabric with wire ties to line posts at 15 inches on center and to rails, braces, and tension wire at 24 inches on center. 2. Tension (stretcher) bars a. Pull fabric taut. b. Thread tension bar through fabric and attach to terminal posts with bands or clips spaced maximum of 15 inches on center. 3. Accessories a. Tie wires: Bend ends of wire to minimize hazard to persons and clothing. b. Fasteners: Install nuts on side of fence opposite fabric side for added security. c. Slats: Install slats in accordance with manufacturer's instructions. C. Wrought Iron Installation: install per Drawings D. Steel Tube Fence: install per Drawings 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.1.A. modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 323126-1 WIRE FENCE AND GATES Page 1 of 8 SECTION 32 3126 WIRE FENCE AND GATES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Furnish and construct fence of barbed or smooth wire. 2. On utility projects: a. When existing fence is within the project Site (i.e. parallel to the utility trench and/or within utility easement) and is directly disturbed by construction activities, fencing will be paid for as listed in Article 1.2 below. b. When existing fence is crossing the proposed utility trench, the work performed and materials furnished in accordance with fence replacement will be considered subsidiary to the trench and no other compensation will be allowed. c. When existing fence is outside of the limits of the project Site or is identified as protected on the Drawings and is disturbed and/or by construction activities, replacement will be at the expense of the Contractor and no other compensation will be allowed. B. Deviations from this City of Fort Worth Standard Specification 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements shall be subsidiary to the price bid per linear foot of pipe. No additional compensation will be allowed. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Wire Fence CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 M SERR2022 City Project No. 104266 323126-2 WIRE FENCE AND GATES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item shall be by the linear foot of Wire Fence, 3 excluding gates. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under "Measurement" will be paid for at the 7 unit price bid per linear foot of Wire fence installed for various: 8 a) Post types 9 b) Wire types 10 c) Number of Strands as specified in the Drawings 11 c. The price bid shall include: 12 1) Removal of existing fence and/or, unless specifically defined as a separate 13 pay item on Drawings 14 2) Furnishing, preparing, hauling, and installing Wire Fence 15 3) Excavation, backfilling, and disposal of surplus material 16 4) Removal and trimming of brush and tree limbs 17 2. Steel Gates 18 a. Measurement 19 1) Measurement for this Item shall be per each Steel Fence. 20 b. Payment 21 1) The work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement" will be paid for at the 23 unit price bid per each Steel Gate by height. 24 c. The price bid shall include: 25 1) Removal of existing fence and/or gates, unless specifically defined as a 26 separate pay item on Drawings 27 2) Furnishing, preparing, hauling, and installing Steel Gates 28 3) Excavation, backfilling, and disposal of surplus material CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 323126-3 WIRE FENCE AND GATES Page 3 of 8 4) Removal and trimming of brush and tree limbs 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. American Society for Testing and Materials (ASTM): a. A 702, Standard Specification for Steel Fence Posts and Assemblies, Hot Wrought b. A 121, Standard Specification for Metallic -Coated, Carbon Steel Barbed Wire c. A 116, Standard Specification for Metallic -Coated, Steel Woven Wire Fence Fabric d. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated (Galvanized) Welded, for Fence Structures 3. American Wood Protection Association (AWPA) a. P8/P9, Standard for Oil -Borne Preservatives b. C5, Fence Posts - Preservative Treatment by Pressure Processes CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 323126-4 WIRE FENCE AND GATES Page 4 of 8 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 ACTION SUBMITTALS [NOT USED] 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS 11 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 12 2.2 MATERIALS 13 A. Furnish materials in accordance with details shown on the Drawings and with the 14 following requirements. 15 B. Metal Posts and Braces 16 1. Steel Pipe: ASTM F 1083 17 2. T posts: ASTM A 702 18 3. Use only new steel. Do not use rerolled or open -seam material. 19 4. Furnish galvanized steel sections in ASTM F 1083. 20 5. Painting 21 a. Use an approved anticorrosive coating. 22 b. After installation of painted posts and braces, spot -coat damaged areas with 23 the same paint color. 24 c. Use paint with at least the same anticorrosive properties as the original paint. 25 6. Use the size, weight, and area of posts, braces, and anchor plates shown on the 26 Drawings. 27 C. Wood Posts and Braces CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 3231 26 - S WIRE FENCE AND GATES Pages of 8 1 1. Untreated Wood: cedar or juniper timber 2 2. Treated Wood 3 a. AWPA standards govern materials and methods of treatments including 4 seasoning, preservatives, and inspection for treatment. 5 b. Each piece or bundle of other treated -timber products must have: 6 1) Legible brand mark or tag indicating the name of the treater 7 2) Date of treatment or lot number 8 3) AWPA treatment specification symbol 9 c. Provide the level of preservative indicated in Table 1. 10 Table 1 11 Minimum Retention of Preservative Penta- Product chlorophenol AWPA (Ib./cu. ft.) Standard for AWPA Preservative Treatment Standard (P8/P9) Wire fence posts (round)' 0.4 CS 12 1. Retention determined by assay (0 to 1.0-inch zone). 13 3. Use sound timber that is free from decay, shakes, splits, or other defects that 14 would weaken the posts or braces or otherwise make them structurally unsuitable 15 for the purposes intended. 16 4. Knots that are sound, tight, trimmed flush, and not in clusters will be allowed, 17 provided they do not exceed 1/3 of the small diameter or the least dimension of 18 the posts and braces. 19 5. Remove spurs and splinters, cutting the ends square. 20 D. Gates and Gateposts: Furnish materials to the required dimensions. 21 E. Barbed and Smooth Wire: ASTM A 121, Class 1 22 1. Use wire consisting of 2 strand, 12 1/2 gauge, twisted wire 23 2. Barbed Wire: 2-point 14 gauge barbs spaced no more than 5 inches apart CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 323126-6 WIRE FENCE AND GATES Page 6 of 8 1 F. Wire Mesh: ASTM A 116, Class 1 2 1. Top and bottom wires: at least 10 gauge wire 3 2. Intermediate wires and vertical stays: 12 1/2 gauge wire 4 G. Miscellaneous 5 1. Furnish galvanized bolts, nuts, washers, braces, straps, and suitable devices for 6 holding barbed wire and wire mesh firmly to metal posts. 7 2. Use material of good commercial quality and design. 8 3. Provide galvanized staples, at least 1 1/2 inch long. 9 H. Concrete 10 1. Minimum 28 day compressive strength of 3,000 psi 11 2. Bagged concrete allowed. 12 2.3 ACCESSORIES [NOT USED] 13 2.4 SOURCE QUALITY CONTROL [NOT USED] 14 PART 3 - EXECUTION 15 3.1 INSTALLERS [NOT USED] 16 3.2 EXAMINATION [NOT USED] 17 3.3 PREPARATION [NOT USED] 18 3.4 INSTALLATION 19 A. Space fence posts as shown on the Drawings or to match existing. 20 B. Set fence posts plumb and firm at the intervals, depth, and grade shown on the 21 Drawings or to match existing. 22 C. Brace corner and pull posts in 2 directions. 23 D. Brace end posts and gateposts in 1 direction. 24 E. Install a corner post where the alignment changes 30 degrees or more. 25 F. At alignment angles between 15 and 30 degrees, brace the angle post to the adjacent 26 line posts with diagonal tension wires. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 323126-7 WIRE FENCE AND GATES Page 7 of 8 1 G. At grade depressions where stresses tend to pull posts out of the ground, snub or guy 2 the fencing at the critical point with a double 9 gauge galvanized wire. 3 H. Connect the wire to the top horizontal line of the barbed wire or to the top and 4 bottom wire or wire mesh fabric, and to a deadman weighing at least 100 pounds. 5 I. Stretch the fence before guying and snubbing. 6 J. Install number stands at spacing shown in Drawings. 7 K. Install corner, end, or angle post assembly before stretching the wire between posts. 8 L. Connect existing cross fences to the new fences and corner posts at junctions with 9 existing fences. 10 M. While drawing barbed wire and wire fabric taut, fasten to posts using galvanized ties 11 or staples, or as shown on the Drawings. 12 N. Install pull post assemblies at 500 feet intervals for steel posts and at 1,000 feet 13 intervals for wood posts. 14 0. Drive metal line posts provided driving does not damage the posts. 15 P. Set metal corners, ends, pull posts, and braces in concrete footings a minimum of 24 16 inches and crowned at the top to shed water. 17 Q. Thoroughly tamp backfill in 4 inch layers. 18 R. Notch timber posts. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 323126-8 WIRE FENCE AND GATES Page 8 of 8 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] 11 12 DATE NAME 12/20/2012 D.Johnson 13 END OF SECTION Revision Log SUMMARY OF CHANGE 1.1.A. modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 32 3129 WOOD FENCE AND GATES 32 31 29- 1 WOOD FENCE AND GATES Page 1 of 5 5 A. Section Includes 6 1. Construction of wood fences and gates along boundaries, property lines in 7 accordance with the City's Zoning Ordinance. 8 2. On utility projects: 9 a. When existing fence is within the project Site (i.e. parallel to the utility trench 10 and/or within utility easement) and is directly disturbed by construction 11 activities, fencing will be paid for as listed in Article 1.2 below. 12 b. When existing fence is crossing the proposed utility trench, the work performed 13 and materials furnished in accordance with fence replacement will be 14 considered subsidiary to the trench and no other compensation will be allowed. 15 c. When existing fence is outside of the limits of the project Site or is identified as 16 protected on the Drawings and is disturbed and/or by construction activities, 17 replacement will be at the expense of the Contractor and no other compensation 18 will be allowed. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements 21 shall be subsidiary to the price bid per linear foot of pipe. No additional 22 compensation will be allowed. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 25 2. Division 1 - General Requirements 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Measurement 29 a. Measurement for this Item shall be by the linear foot of Wood Fence installed, 30 including gates. 31 2. Payment 32 a. The work performed and materials furnished in accordance with this Item and 33 measured as provided under "Measurement" will be paid for at the unit price 34 bid per linear foot of Wood Fence installed for by height. 35 3. The price bid shall include: 36 a. Furnishing all materials for fence and gates 37 b. All preparation, erection and installation of materials 38 1.3 REFERENCES 39 A. Reference Standards CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 323129-2 WOOD FENCE AND GATES Page 2 of 5 1 1. Reference standards cited in this specification refer to the current reference standard 2 published at the time of the latest revision date logged at the end of this 3 specification, unless a date is specifically cited. 4 2. American Society for Testing and Materials (ASTM): 5 a. A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron 6 and Steel Products 7 b. A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon 8 Steel Structural Tubing in Rounds and Shapes 9 c. F 1043, Standard Specification for Strength and Protective Coatings on Steel 10 Industrial Chain Link Fence Framework 11 d. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 12 (Galvanized) Welded, for Fence Structures 13 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 14 1.5 SUBMITTALS 15 A. Shop drawings: Layout offences and gates with dimensions, details, and finishes of 16 components, accessories and post foundations 17 B. Product data: Manufacturer's catalog cuts indicating material compliance and specified 18 options 19 C. Building Permit: All fences over 6 feet 20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 23 1.9 QUALITY ASSURANCE [NOT USED] 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS 28 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 29 2.2 MATERIALS 30 A. General 31 1. Gate hinges and post caps shall be of steel, malleable iron, ductile iron or equal. 32 2. Post tops may be of aluminum. 33 B. Slats: Redwood or cedar free from all major decay or defects which would weaken or 34 otherwise cause them to be unsuitable for fence slats. 35 C. Bottom and Top Rail: Minimum 2-inch x 4-inch x 8-foot cedar stud or match existing. 36 D. Corner, Gate, End, or Line Posts 37 1. Wood Posts 38 a. Minimum size: 4-inch x 4-inch cedar wood post or match existing CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 2012 323129-3 WOOD FENCE AND GATES Page 3 of 5 1 b. Free from all decay, splits, multiple cracks, or any other defect which would 2 weaken the posts or otherwise cause them to be structurally unsuitable for the 3 purpose intended 4 2. Steel Posts 5 a. Steel pipe - Type 1 6 1) ASTM F 1083 7 2) Standard weight schedule 40 8 3) Minimum yield strength: 30,000 psi 9 4) Sizes as indicated on Drawings 10 5) Hot -dipped galvanized with minimum average 1.8 oz/ft2 of coated surface 11 area. 12 b. Steel pipe - Type II 13 1) ASTM F 1043, Group IC 14 2) Minimum yield strength: 50,000 psi 15 3) Sizes as indicated on Drawings 16 4) Protective coating per ASTM F 1043 17 5) External coating Type B 18 a) Zinc with organic overcoat 19 b) 0.9 oz/ft2 minimum zinc coating with chromate conversion coating and 20 verifiable polymer film 21 6) Internal coating Type B 22 a) Minimum 0.9 Oz/ft2 zinc or Type D, zinc pigmented, 81 percent 23 nominal coating, minimum 3 mils 24 c. Formed steel ("C") sections 25 1) Roll formed steel shapes complying with ASTM F 1043, Group II 26 2) Minimum yield strength: 45,000 psi (310 MPa) 27 3) Sizes as indicated on Drawings 28 4) External coating per ASTM F 1043, Type A 29 a) Minimum average 2.0 oz/ft2 of zinc per ASTM A 123 30 d. Steel square sections 31 1) ASTM A 500, Grade B 32 2) Minimum yield strength: 40,000 psi 33 3) Sizes as indicated 34 4) Hot -dipped galvanized with minimum 1.8 oz/ft2 of coated surface area 35 3. Accessories 36 a. Post caps 37 1) Formed steel or cast malleable iron weather tight closure cap for tubular 38 posts. 39 2) Provide one cap for each post. 40 3) Cap to have provision for barbed wire when necessary. 41 4) "C" shaped line post without top rail or barbed wire supporting arms do not 42 require post caps. 43 5) Where top rail is used, provide tops to permit passage of top rail. 44 4. Setting Materials 45 a. Concrete 46 1) Minimum 28 day compressive strength of 3,000 psi 47 2) Bagged concrete allowed. 48 2.3 ACCESSORIES [NOT USED] CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. I04266 Revised December 20, 2012 323129-4 WOOD FENCE AND GATES Page 4 of 5 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3 - EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION 5 A. Verification of Conditions 6 1. Verify areas to receive fencing are completed to final grades and elevations. 7 2. Ensure property lines and legal boundaries of work are clearly established. 8 3.3 PREPARATION [NOT USED] 9 3.4 INSTALLATION 10 A. Wood Fence Framing 11 1. Steel Posts are required for all required screening fences. 12 2. Locate terminal post at each fence termination and change in horizontal or vertical 13 direction of 30 degrees or more. 14 3. Space line posts uniformly at 10 feet on center. 15 4. Set all posts in concrete. 16 a. Drill holes in firm, undisturbed or compacted soil. 17 b. Drill hole diameter 4 times greater than outside dimension of post (minimum 18 12 inches). 19 c. Set post bottom 24 inches below surface when in firm, undisturbed soil. 20 d. Excavate deeper as required for adequate support in soft and loose soils, and 21 for posts with heavy lateral loads. 22 e. Place concrete around posts in a continuous pour. 23 f. Trowel finish around post. Slope to direct water away from posts. 24 5. Check each post for vertical and top alignment, and maintain in position during 25 placement and finishing operations. 26 B. Slats 27 1. Place slats approximately 1 inch above the ground, and on a straight grade between 28 posts by excavating high points of the ground. 29 2. Fasten slats to top and bottom railings with 2 galvanized screws designed for wood 30 fence construction at both the top and bottom rail. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised December 20, 20I2 1 2 3 4 5 6 7 8 9 10 11 12 13 32 31 29 - 5 WOOD FENCE AND GATES Page 5 of 5 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] DATE I NAME 12/20/2012 1 D.Johnson END OF SECTION Revision Log SUMMARY OF CHANGE 1.1.A. modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 MSERR2022 City Project No. 104266 330514-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 1 SECTION 33 05 14 2 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO 3 GRADE 4 PART 1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Vertical adjustments to manholes, drop inlets, valve boxes, cathodic protection test 8 stations and other miscellaneous structures to a new grade 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. 1.2 Price and Payment Procedures. 11 A. Measurement and Payment 12 5. Valve Box 13 b. For Miscellaneous Contracts, Valve Box Adjustments are incidental and 14 subsidiary to the valve installation cost. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 17 Contract 18 2. Division 1 —General Requirements 19 3. Section 32 01 17 — Permanent Asphalt paving Repair 20 4. Section 32 01 29 — Concrete Paving Repair 21 5. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 22 6. Section 33 05 13 — Frame, Cover and Grade Rings 23 7. Section 33 39 10 — Cast -in -Place Concrete Manholes 24 8. Section 33 39 20 — Precast Concrete Manholes 25 9. Section 33 12 20 — Resilient Seated (Wedge) Gate Valve 22 10. Section 33 12 21 — AWWA Rubber -Seated Butterfly Valve 23 11. Section 33 04 11 — Corrosion Control Test Station 24 12. Section 33 04 12 — Magnesium Anode Cathodic Protection System 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Manhole — Minor Adjustment 28 a. Measurement 29 1) Measurement for this Item shall be per each adjustment using only grade 30 rings or other minor adjustment devices to raise or lower a manhole to a grade 31 as specified on the Drawings. 32 b. Payment 33 1) The work performed and the materials furnished in accordance with this 34 Item will be paid for at the unit price bid per each "Manhole Adjustment, 35 Minor" completed. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 330514-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 36 c. The price bid shall include: 37 1) Pavement removal 38 2) Excavation 39 3) Hauling 1 4) Disposal of excess material 2 5) Grade rings or other adjustment device 3 6) Reuse of the existing manhole frame and cover 4 7) Furnishing, placing and compaction of embedment and backfill 5 8) Concrete base material 6 9) Permanent asphalt patch or concrete paving repair, as required 7 10) Clean-up 8 2. Manhole -Major Adjustment 9 a. Measurement 10 1) Measurement for this Item shall be per each adjustment requiring structural 11 modifications to raise or lower a manhole to a grade as specified on the 12 Drawings. 13 b. Payment 14 1) The work performed and the materials furnished in accordance with this 15 Item will be paid for at the unit price bid per each "Manhole Adjustment, 16 Major" completed. 17 c. The price bid shall include: 18 1) Pavement removal 19 2) Excavation 20 3) Hauling 21 4) Disposal of excess material 22 5) Structural modifications, grade rings or other adjustment device 23 6) Reuse of the existing manhole frame and cover 24 7) Furnishing, placing and compaction of embedment and backfill 25 8) Concrete base material 26 9) Permanent asphalt patch or concrete paving repair, as required 27 10) Clean-up 28 3. Manhole - Major Adjustment with Frame and Cover 29 a. Measurement 30 1) Measurement for this Item shall be per each adjustment requiring structural 31 modifications to raise or lower a manhole to a grade specified on the 32 Drawings or structural modifications for a manhole requiring a new frame and 33 cover, often for changes to cover diameter. 34 b. Payment 35 1) The work performed and the materials furnished in accordance with this 36 Item will be paid for at the unit price bid per each "Manhole Adjustment, 37 Major w/ Cover" completed. 38 c. The price bid shall include: 39 1) Pavement removal 40 2) Excavation 41 3) Hauling 42 4) Disposal of excess material 43 5) Structural modifications, grade rings or other adjustment device 44 6) Frame and cover 45 7) Furnishing, placing and compaction of embedment and backfill CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 33 05 14-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 46 8) Concrete base material 47 9) Permanent asphalt patch or concrete paving repair, as required 48 10) Clean-up 49 4. Inlet a. Measurement 2 1) Measurement for this Item shall be per each adjustment requiring structural 3 modifications to inlet to a grade specified on the Drawings. 4 b. Payment 5 1) The work performed and the materials furnished in accordance with this 6 Item will be paid for at the unit price bid per each "Inlet Adjustment" 7 completed. 8 c. The price bid shall include: 9 1) Pavement removal 10 2) Excavation 11 3) Hauling 12 4) Disposal of excess material 13 5) Structural modifications 14 6) Furnishing, placing and compaction of embedment and backfill 15 7) Concrete base material, as required 16 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 17 required 18 9) Clean-up 19 5. Valve Box 20 a. Measurement 21 1) Measurement for this Item shall be per each adjustment to a grade specified 22 on the Drawings. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item will be paid for at the unit price bid per each "Valve Box Adjustment" 26 completed. 27 c. The price bid shall include: 28 1) Pavement removal 29 2) Excavation 30 3) Hauling 31 4) Disposal of excess material 32 5) Adjustment device 33 6) Furnishing, placing and compaction of embedment and backfill 34 7) Concrete base material, as required 35 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 36 required 37 9) Clean-up 38 6. Cathodic Protection Test Station 39 a. Measurement 40 1) Measurement for this Item shall be per each adjustment to a grade specified 41 on the Drawings. 42 b. Payment 43 1) The work performed and the materials furnished in accordance with this 44 Item will be paid for at the unit price bid per each "Cathodic Protection Test CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 33 05 14 - 5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 45 Station Adjustment" completed. 46 c. The price bid shall include: 47 1) Pavement removal 48 2) Excavation 49 3) Hauling 1 4) Disposal of excess material 2 5) Adjustment device 3 6) Furnishing, placing and compaction of embedment and backfill 4 7) Concrete base material, as required 5 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 6 required 7 9) Clean-up 8 7. Fire Hydrant 9 a. Measurement 10 1) Measurement for this Item shall be per each adjustment requiring stem 11 extensions to meet a grade specified by the Drawings. 12 b. Payment 13 1) The work performed and the materials furnished in accordance with this 14 Item will be paid for at the unit price bid per each "Fire Hydrant Stem 15 Extension' completed. 16 c. The price bid shall include: 17 1) Pavement removal 18 2) Excavation 19 3) Hauling 20 4) Disposal of excess material 21 5) Adjustment materials 22 6) Furnishing, placing and compaction of embedment and backfill 23 7) Concrete base material, as required 24 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 25 required 26 9) Clean-up 27 8. Meter Box 28 a. Measurement 29 1) Minor adjustments to meter box less than 6-inches vertical shall be 30 considered subsidiary to the meter box pay item. 31 2) Measurement for this Item shall be per each water meter adjustment 32 required in excess of 6-inches vertically to meet a grade specified by the 33 Drawings. 34 b. Payment 35 1) The work performed and the materials furnished in accordance with this 36 Item will be paid for at the unit price bid per each "Meter Box Adjustment 37 Extension' completed. 38 c. The price bid shall include: 39 1) Excavation 40 2) Hauling 41 3) Disposal of excess material 42 4) Adjustment materials 43 5) Furnishing, placing and compaction of embedment and backfill 44 6) Concrete base material, as required CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 3305 14 - 5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 45 7) Surface restoration, unimproved area, as required 46 8) Clean-up 46 1 9. Miscellaneous Structure This Item is intended for a unique structure. Bid Item should include details to identify the specific structure (i.e. Miscellaneous Structure Adjustment, Sta. 1 +00) 2 a. Measurement 3 1) Measurement for this Item shall be per each adjustment requiring structural 4 modifications to said structure to a grade specified on the Drawings. 5 b. Payment 6 1) The work performed and the materials furnished in accordance with this 7 Item will be paid for at the unit price bid per each "Miscellaneous Structure 8 Adjustment" completed. 9 c. The price bid shall include: 10 1) Pavement removal 11 2) Excavation 12 3) Hauling 13 4) Disposal of excess material 14 5) Structural modifications 15 6) Furnishing, placing and compaction of embedment and backfill 16 7) Concrete base material 17 8) Permanent asphalt patch or concrete paving repair, as required 18 9) Clean-up 19 1.3 REFERENCES 20 A. Definitions 21 1. Minor Adjustment 22 a. Refers to a small elevation change performed on an existing manhole where the 23 existing frame and cover are reused. 24 2. Major Adjustment 25 a. Refers to a significant elevation change performed on an existing manhole 26 which requires structural modification or when a 24-inch ring is changed to a 27 30-inch ring. 28 B. 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. Texas Commission on Environmental Quality (TCEQ): 33 a. Title 30, Part I, Chapter 217, Subchapter C, Rule 217.55 — Manholes and 34 Related Structures. 34 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 35 1.5 SUBMITTALS [NOT USED] 36 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 37 1.7 CLOSEOUT SUBMITTALS [NOT USED] 38 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 330514-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 39 1.9 QUALITY ASSURANCE [NOT USED] 40 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 41 1.11 FIELD [SITE] CONDITIONS [NOT USED] CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 330514-6 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 6 of 8 1 1.12 WARRANTY [NOT USED] 2 PART 2- PRODUCTS 3 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cast -in -Place Concrete 6 1. See Section 03 30 00. 7 B. Modifications to Existing Concrete Structures 8 1. See Section 03 80 00. 9 C. Grade Rings 10 1. See Section 33 05 13. 11 D. Frame and Cover 12 1. See Section 33 05 13. 13 E. Backfill material 14 1. See Section 33 05 10. 15 F. Water valve box extension 16 1. See Section 33 12 20. 17 G. Corrosion Protection Test Station 18 1. See Section 33 04 11. 19 H. Cast -in -Place Concrete Manholes 20 1. See Section 33 39 10. 21 I. Precast Concrete Manholes 22 1. See Section 33 39 20. 23 2.3 ACCESSORIES [NOT USED] 24 2.4 SOURCE QUALITY CONTROL [NOT USED] 25 PART 3 - EXECUTION 26 3.1 INSTALLERS [NOT USED] 27 3.2 EXAMINATION 28 A. Verification of Conditions 29 1. Examine existing structure to be adjusted, for damage or defects that may affect 30 grade adjustment. 31 a. Report issue to City for consideration before beginning adjustment. 32 3.3 PREPARATION 33 A. Grade Verification CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 330514-7 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 7 of 8 1 1. On major adjustments confirm any grade change noted on Drawings is consistent 2 with field measurements. 3 a. If not, coordinate with City to verify final grade before beginning adjustment. 4 3.4 ADJUSTMENT 5 A. Manholes, Inlets, and Miscellaneous Structures 6 1. On any sanitary sewer adjustment replace 24-inch frame and cover assembly with 7 30-inch frame and cover assembly per TCEQ requirement. 8 2. On manhole major adjustments, inlets and miscellaneous structures protect the 9 bottom using wood forms shaped to fit so that no debris blocks the invert or the 10 inlet or outlet piping in during adjustments. 11 a. Do not use anymore than a 2-piece bottom. 12 3. Use the least number of grade rings necessary to meet required grade. 13 a. For example, if a 1-foot adjustment is required, use 2 6-inch rings, not 6 2-inch 14 rings. 15 b. The maximum height of adjustment shall be no more than 12 inches for any 16 combination of grade rings. If 12 inches is required, use 3 — 4 inch rings. 17 B. Valve Boxes 18 1. Utilize typical 3 piece adjustable valve box for adjusting to final grade as shown on 19 the Drawings. 20 C. Backfill andGrading 21 1. Backfill area of excavation surrounding each adjustment in accordance to Section 22 33 05 10. 23 D. Pavement Repair 24 1. If required pavement repair is to be performed in accordance with Section 32 0117 25 or Section 32 0129. 26 3.5 REPAIR / RESTORATION [NOT USED] 27 3.6 RE -INSTALLATION [NOT USED] 28 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 29 3.8 SYSTEM STARTUP [NOT USED] 30 3.9 ADJUSTING [NOT USED] 31 3.10 CLEANING [NOT USED] 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] 36 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised March 11, 2022 33 05 14-8 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 8 of 8 DATE NAME END OF SECTION Revision Log NlluW I:"Ifelwa Irac I.2.A — Pay item added for a major manhole adjustment which reuses the existing frame and cover and a major adjustment requiring a new frame and cover; Added I2/20/20I2 D. Johnson items to be included in price bids; Blue text added for clarification for miscellaneous structure adjustments 3.4 — Pavement repair requirements were added 9/20/2017 W. Norwood 3.4.3 Eliminate 24 inch requirement for maximum chimney height adjustment. 3.4.4.b Add requirement for maximum height of grade rings to be 12 inches or 3-4 inch rings 3/11/2022 M Owen Add measurement and payment section for meter box adjustment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 MSERR2022 City Project No. 104266 33 3150- 1 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 1 of 11 1 SECTION 33 3150 2 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Sanitary sewer service connection, service line and 2-way cleanout from the 7 main to the right-of-way, as shown on the Drawings, directed by the s Engineer and specified herein for: 9 a. New Service 10 b. New Service (Bored) t I c. Private Service Relocation 12 d. Service Reinstatement 13 B. Deviations from this City of Fort Worth Standard Specification 14 1.2 Price and Payment Procedures 15 A. Measurement and Payment 16 1) New Sewer Services 17 b.Payment for work and materials such as backfill, removal of 18 existing clean- outs, plugging the abandoned sewer service line, double 19 checking the grade of the installed service line, pipe fittings, surface 20 restoration on private property (to match existing), and all other 21 associated work for service replacements in excess of four (4) linear 22 feet shall be included in the linear foot price bid for sanitary sewer 23 service line replacement on private property or public right of way. 24 Payment for all work and material involving the "tap" shall be included 25 in the price bid for sanitary sewer service taps. 26 Payment for all sanitary sewer service line over 4 linear feet shall in 27 be included in the price bid per sanitary sewer service line. 28 Payment for furnishing and installing cleanouts shall be included in 29 the price bid for sanitary sewer cleanouts. 30 5) Sewer Service Reconnection. 31 b. Payment 32 1. No additional compensation will be given in Miscellaneous 33 Contracts for sanitary sewer service reconnections. 34 C. Related Specification Sections include, but are not necessarily limited to: 35 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 36 Contract 37 2. Division 1 — General Requirements 38 3. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 39 4. Section 33 11 10 — Ductile Iron Pipe 40 5. Section 33 11 11 — Ductile Iron Fittings CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 333150-2 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 2 of 11 6. Section 33 31 20 — Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 2 1.2 PRICE AND PAYMENT PROCEDURES 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A. Measurement and Payment 1. New Sewer Service a. Measurement 1) Measurement for this Item shall be per each "Sewer Service" complete in place. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the unit price bid per each "Sewer Service" installed for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing New Sanitary Sewer Service Line as specified by the Drawings 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess material 6) Tee connection to main 7) Fittings 8) 2-way cleanout and cap with concrete pad 9) Surface restoration, excluding grass (seeding, sodding or hydro - mulch paid separately) 10) Furnishing, placing and compaction of embedment 11) Furnishing, placing and compaction of backfill 12) Clean-up 2. New Ductile Iron Sewer Service a. Measurement 1) Measurement for this Item shall be per each Ductile Iron Sewer Service complete in place. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the unit price bid per each "DIP Sewer Service" installed for: a) Various sizes c. The price bid shall include: 1) Furnishing and installing New DIP Sanitary Sewer Service Line as specified by the Drawings 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess material 6) Tee connection to main 7) Fittings 8) 2-way cleanout and cap with concrete pad CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 333150-3 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 3 of 11 9) Surface restoration, excluding grass (seeding, sodding or hydro - mulch paid separately) 10) Furnishing, placing and compaction of embedment 11) Furnishing, placing and compaction of backfill 12) Clean-up 3. New Bored Sewer Service a. Measurement 1) Measurement for this Item shall be per each Bored Sewer Service complete in place. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per each "Bored Sewer Service" installed for: a) Various sizes b) Various materials c. The price shall include: 1) Furnishing and installing New Sanitary Sewer Service Line as specified by the Drawings 2) Pavement removal 3) Excavation 4) Hauling 5) Disposal of excess material 6) Tee connection to main 7) Service Line 8) Fittings 9) 2-way cleanout and cap with concrete pad 10) Surface restoration surrounding 2-way cleanout 11) Furnishing, placing and compaction of embedment and backfill 12) Clean-up 4. Private Service Relocation a. Measurement 1) Measured horizontally along the surface from center line to center line of the fitting, manhole or appurtenance b. Payment 1) The work performed and the materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per linear foot for "Private Sewer Service" installed for: a) Various sizes b) Various materials c. The price shall include: 1) Obtaining appropriate Permit 2) Obtaining Right of Entry 3) Performing relocation as specified in the Drawings 4) Excavation 5) Hauling 6) Disposal of excess material CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 26, 2013 MSERR2022 City Project No. 104266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 333150-4 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 4 of 11 7) Service Line - private side by plumber 8) Fittings 9) Furnishing, placing and compaction of embedment 10) Furnishing, placing and compaction of backfill 11) Clean-up — surface restoration, excluding grass (seeding, sodding or hydro -mulch paid separately) 5. Sewer Service Reconnection a. Measurement 1) Measurement for this Item shall be per each "Sewer Service Reconnection" complete in place from public service line connection to private service line connection. b. Payment 1) The work performed in conjunction with the relocation of a sewer service, associated with private service line, fittings and cleanout 5 feet or less in any direction from the centerline of the existing service line and the materials furnished in accordance with this Item will be paid for at the unit price per each "Sewer Service, Reconnection" performed for: a) Various service sizes c. The price bid shall include: 1) Private service line 2) Fittings 3) Private connection to sewer service 4) Pavement removal 5) Excavation 6) Hauling 7) Disposal of excess material 8) Surface restoration, excluding grass (seeding, sodding or hydro - mulch paid separately) 9) 10) 11) Clean-up 6. 2-way Cleanout a. Measurement 1) Measurement for this Item shall be per each when only a "2-way Cleanout" is installed. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the unit price bid per each "2-way Cleanout" installed for: a) Various sizes b) Various materials c. The price bid shall include: 1) Furnishing and installing the 2-way Cleanout and cap as specified in the Drawings 2) Pavement removal 3) Concrete pad CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 26, 2013 MSERR2022 City Project No. 104266 333150-5 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 5 of 11 1 4) Surface restoration, excluding grass (seeding, sodding or hydro- 2 mulch paid separately) 3 5) Hauling 4 6) Disposal of excess material 5 7) Furnishing, placing and compaction of backfill 6 8) Clean-up 7 7. Service Reinstatement 8 a. Measurement 9 1) Measurement for this Item shall be per each Reinstatement of 10 Service associated with the sewer main being rehabilitated by a 11 trenchless method. 12 b. Payment 13 1) The work performed and materials furnished in accordance with this 14 item and measured as provided under "Measurement" will be paid 15 for at the unit price bid per each "Sewer Service, Reinstatement" 16 for: 17 a) Various sizes 18 c. The price bid shall include: 19 1) Tap to existing main (if required) 20 2) Pavement removal 21 3) Excavation 22 4) Hauling 23 5) Disposal of excess material 24 6) Tee connection to main 25 7) Service line (if required) 26 8) Fittings 27 9) Furnishing, placing and compaction of embedment and backfill 28 10) Clean-up — surface restoration, excluding grass (seeding, sodding or 29 hydro -mulch paid separately)references 30 B. Definitions 31 1. New Service 32 a. New service applies to the installation of a service with connection to a 33 new or existing sewer main. 34 b. The service materials would include service line, fittings and cleanout. 35 2. Bored Service 36 a. Bored service applies to the installation of a service with connection to a 37 new or existing sewer main including a bore under an existing road. 38 b. The service materials would include service line, fittings and cleanout. 39 3. Private Service Relocation 40 a. Private service relocation applies to the replacement of the existing 41 sewer service line on private property typically associated with the 42 relocation of the existing main. 43 b. Typical main relocation will be from a rear lot easement or alley to the 44 street. 45 4. Service Reinstatement CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 33 31 50 - 6 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 6 of 11 1 a. Service reinstatement applies to the reconnection of an existing service 2 to an existing main that has been rehabilitated by trenchless methods 3 such as pipe enlargement (pipe bursting), slip lining or CIPP. 4 C. Reference Standards 5 1. Reference standards cited in this Specification refer to the current reference 6 standard published at the time of the latest revision date logged at the end 7 of this Specification, unless a date is specifically cited. 8 2. ASTM International (ASTM): 9 a. ASTM D3034 Standard Specification for Type PSM Poly (Vinyl Chloride) 10 (PVC) Sewer Pipe and Fittings 11 b. ASTM D1785 Standard Specification for Poly (Vinyl Chloride) (PVC) 12 Plastic Pipe, Schedules 40, 80 and 120. 13 c. ASTM D2321 Standard Practice for Underground Installation of 14 Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications 15 d. ASTM D2412 Standard Test Method for Determination of External 16 Loading Characteristics of Plastic Pipe by Parallel -Plate Loading 17 e. ASTM D3212 Standard Specification for Joints for Drain and Sewer 18 Plastic Pipes Using Flexible Elastomeric Seals 19 3. Texas Commission on Environmental Quality 20 a. Title 30, Part I, Chapter 217, Subchapter C, Rule 217.54 — Criteria for 21 Laying Pipe and Rule 22 b. Title 30, Part I, Chapter 217, Subchapter C, 217.55 — Manholes and 23 Related Structures 24 1.3 ADMINISTRATIVE REQUIREMENTS 25 A. Scheduling 26 1. Provide advance notice for service interruption to property owner and meet 27 requirements of Division 0. 28 1.4 SUBMITTALS 29 A. Submittals shall be in accordance with Section 0133 00. 30 B. All submittals shall be approved by the City prior to delivery. 31 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 32 A. Product data shall include, if applicable: 33 1. Tee connection or saddle 34 2. Fittings (including type of cleanout) 35 3. Service line 36 B. Certificates 37 1. Furnish an affidavit certifying that service line and fittings meet the 38 provisions of this Section. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 333150-7 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 7 of 11 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Gravity pipe shall be stored and handled in accordance with the manufacturer's guidelines. 2. Protect all parts such that no damage or deterioration will occur during a prolonged delay from the time of shipment until installation is completed and the units and equipment are ready for operation. 3. Protect all equipment and parts against any damage during a prolonged period at the site. 4. Prevent plastic and similar brittle items from being directly exposed to sunlight or extremes in temperature. 5. Secure and maintain a location to store the material in accordance with Section 0166 00. 1.10FIELD [SITE] CONDITIONS [NOT USED] 1.11WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, MATERIALS A. Manufacturers 1. Only the manufacturers as listed on the City's Standard Products List will be considered as shown in Section 01 60 00. a. The manufacturer must comply with this Specification and related Sections. 2. Any product that is not listed on the Standard Products List is considered a substitution and shall be submitted in accordance with Section 01 25 00. 3. The services and appurtenances shall be new and the product of a manufacturer regularly engaged in the manufacturing of services and appurtenances having similar service and size. B. Materials/Design Criteria 1. Service Line and Fittings (including tee connections) a. PVC pipe and fittings on public property shall be in accordance with Section 33 3120. b. PVC pipe and fittings on private property shall be Schedule 40 in accordance with ASTM D1785. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 26, 2013 MSERR2022 City Project No. 104266 333150-8 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 8 of 11 1 c. Ductile iron pipe and fittings shall be coated with ceramic epoxy in 2 accordance with Section 33 11 10 and Section 33 11 11. 3 2. Service saddle 4 a. Service saddles shall only be allowed when connecting a new service to 5 an existing sanitary sewer main and shall: 6 1) Be a 1-piece prefabricated saddle, either polyethylene or PVC, with 7 neoprene gasket for seal against main 8 2) Use saddle to fit outside diameter of main 9 3) Use saddle with grooves to retain band clamps 10 4) Use at least 2 stainless steel band clamps for securing saddles to the 11 main 12 b. Inserta tees service connections may not be used. 13 3. Cleanout 14 a. Cleanout stack material should be in accordance with City Standard 15 Details or as shown on Drawings. 16 b. For paved areas, provide a cast iron cleanout and cast iron lid. 17 c. For unpaved areas, provide PVC cleanout and polyethylene lid. 18 4. Coupling 19 a. For connections between new PVC pipe stub out and existing service 20 line, use rubber sleeve couplings with stainless steel double -band repair 21 sleeves to connect to the line. 22 2.3 ACCESSORIES [NOT USED] 23 2.4 SOURCE QUALITY CONTROL [NOT USED] 24 PART 3 - EXECUTION [NOT USED] 25 3.1 INSTALLERS 26 A. A licensed plumber is required for installations of the service line on private 27 property. 28 3.2 EXAMINATION [NOT USED] 29 3.3 PREPARATION [NOT USED] 30 3.4 INSTALLATION 31 A. General 32 1. Install service line, fittings and cleanout as specified herein, as specified in 33 Section 33 05 10 and in accordance with the pipe manufacturer's 34 recommendations. 35 B. Handling 36 1. Haul and distribute service lines, fittings and cleanouts at the project site 37 and handle with care to avoid damage. 38 a. Inspect each segment of service line and reject or repair any damaged 39 pipe prior to lowering into the trench. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 333150-9 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 9 of 11 1 2. Do not handle the pipe in such a way that will damage the pipe. 2 C. Service Line 3 1. Lay service line at a minimum grade of 2 percent, as shown on City 4 Standard details, or at lines and grades as indicated in the Drawings. s 2. If service line is installed by bore as an alternative to open cut, the cost 6 associated with open cut installation, such as pavement removal, trenching, 7 embedment and backfill and pavement patch will not be included as part of s the bore installation. 9 3. Excavate and backfill trenches in accordance with 33 05 10. 10 4. Embed PVC Pipe in accordance with 33 05 10. 11 D. Cleanout 12 1. Install out of traffic areas such as driveways, streets and sidewalks 13 whenever possible. 14 a. When not possible, install cast iron cleanout stack and cap. 15 2. Install 2-way cleanout in non -paved areas in accordance with City Standard 16 Details. 17 3. Install 2-way cleanout in paved areas in accordance with City Standard 18 Details. 19 E. Service line connection to main 20 1. New service on new or replacement main 21 a. Determine location of service connections before main installation so the 22 service fittings can be installed during main installation. 23 b. Connect service line to main with a molded or fabricated tee fitting. 24 2. Reconnection to main after pipe enlargement 25 a. Tapping the existing main and installing a strap on tee connection may 26 be used. 27 b. Allow the new main to recover from imposed stretch before tapping and 28 service installation. 29 1) Follow manufacturer's recommendation for the length of time 30 needed. 31 c. Tap main at 45 degree angle to horizontal when possible. 32 1) Avoid tapping the top of main. 33 d. Extend service line from main to property line or easement line before 34 connecting to the existing service line. 35 3. New service on existing main 36 a. Connect service line to main with a molded or fabricated tee fitting if 37 possible. 38 b. Tapping the existing main and installing a strap on tee connection may 39 be used. 40 F. Private Service Relocation 41 1. Requirements for the relocation of service line on private property 42 a. A licensed plumber must be used to install service line on private 43 property. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 33 31 50 - 10 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 10 of 11 1 b. Obtain permit from the Development Department for work on private 2 property. 3 c. Pay for any inspection or permit fees associated with work on private 4 property. 5 d. Verify (by Exploratory Excavation of Existing Utilities) the elevations at 6 the building cleanout and compare to data on the Drawings before 7 beginning service installation. 8 e. Submit elevation information to the City inspector. 9 f. Verify that the 2 percent slope installation requirement can be met. 10 1) If the 2 percent slope cannot be met, verify with the Engineer that 11 line may be installed at the lesser slope. 12 3.5 REPAIR / RESTORATION [NOT USED] 13 3.6 RE -INSTALLATION 14 A. Service Relocation 15 1. All relocations that are not installed as designed or fail to meet the City 16 code shall be reinstalled at the Contractor's expense. 17 3.7 FIELD QUALITY CONTROL 18 A. Inspections 19 1. Private property service line requires approval by the City plumbing 20 inspector before final acceptance. 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10CLEANING [NOT USED] 24 3.11CLOSEOUT ACTIVITIES [NOT USED] 25 3.12PROTECTION [NOT USED] 26 3.13MAINTENANCE [NOT USED] 27 3.14ATTACHMENTS [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE Throughout — Deep Sewer Service was removed 1.2 — Measurement and Payment Items were revised to include relocation 12/20/2012 D. Johnson and reconnection; Blue text was added for guidance in applying the bid Items; Price bid lists revised to include clean -out caps, pads and surface restoration. CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 33 31 50 - 11 SANITARY SEWER SERVICE CONNECTIONS AND SERVICE LINE Page 11 of 11 Added the phrase including grass' to lines; Part 1, 1.2.A.1.c.9, Partl, 1.2.A.2.c.9, Part 1,1.2.A.5.c.8, Partl, 1.2.A.6.c.4 Added the phrase surface restoration, including grass' to lines; 2/13/2013 F. Griffin Part 1, 1.2.A.4.c.11, Part 1, 1.2.A.7.10 Removed the phrase surrounding 2-way cleanout' from lines; Part 1, 1.2.A.1.c.9, Part 1, 1.2.A.2.c.9, Part 1, 1.2.A.6.c.4 Revised lines with including grass' replacing with excluding grass (seeding, sodding or hydromulching paid separately)' 4/26/2013 F. Griffin Included in Part 1, 1.2, A, 1, c, 9; Part 1, 1.2, A, 2, c, 9; Part 1, 1.2, A, 4, c, 11; Part 1,1.2,A,5,c,8; Part 1,1.2,A,6,c,4;Part 1,1.2,A,7,c,10 CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised April 26, 2013 3471 13 - 1 TRAFFIC CONT ROL Page I of 6 1 SECTION 34 7113 2 TRAFFIC CONTROL 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans 7 B. Deviations from this City of Fort Worth Standard Specification 1. TRAFFIC CONTROL The contractor will be required to obtain a "Street Use Permit" (01-55-26) prior to starting work. As part of the "Street Use Permit", a traffic control plan is required. The contractor shall be responsible for providing traffic control during the construction of each work order consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD). Unless otherwise included as part of the work order, the contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the State of Texas), to the City Traffic Engineer at or before the start of each work order. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although the work will not begin until the traffic control plan has been reviewed and approved, the contractor's time will begin in accordance with the timeframe mutually established in the "Notice to Proceed" issued the contractor. Work shall not be performed on certain streets / locations during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas". Payment for Traffic Control shall cover the design, installation and maintenance of the Traffic Control plan and devices required at the appropriate unit price bid. 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. Installation of Traffic Control Devices 15 a. Measurement 16 1) Measurement for Traffic Control Devices shall be per month for the Project 17 duration. 18 a) A month is defined as 30 calendardays. 19 b. Payment 20 1) The work performed and materials furnished in accordance with this Item 21 and measured as provided under "Measurement" shall be paid for at the 22 unit price bid for "Traffic Control". CITY OF FORT WORT H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MSERR2022 Revised March 22, 2021 City Project No. 104266 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 347113-2 TRAFFIC CONT ROL Page 1 of 6 c. The price bid shall include: 1) Traffic Control implementation 2) Installation 3) Maintenance 4) Adjustments 5) Replacements 6) Removal 7) Police assistance during peak hours 2. Portable Message Signs a. Measurement 1) Measurement for this Item shall be per week for the duration of use. b. Payment 1) The work performed and materials furnished in accordance to this Item and measured as provided under "Measurement" shall be paid for at the unit price bid per week for "Portable Message Sign" rental. c. The price bid shall include: 1) Delivery of Portable Message Sign to Site 2) Message updating 3) Sign movement throughout construction 4) Return of the Portable Message Sign post -construction CITY OF FORT WORT H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 MSERR2022 City Project No. 104266 3471 13-2 TRAFFIC CONT ROL Page 2 of 6 1 3. Preparation of Traffic Control Plan Details 2 a. Measurement 3 l) Measurement for this Item be per each Traffic Control Detail prepared. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 shall be paid for at the unit price bid per each "Traffic Control Detail" 7 prepared. 8 c. The price bid shall include: 9 1) Preparing the Traffic Control Plan Details for closures of 24 hours or 10 longer 11 2) Adherence to City and Texas Manual on Uniform Traffic Control Devices 12 (TMUTCD) 13 3) Obtaining the signature and seal of a licensed Texas Professional Engineer 14 4) Incorporation of City comments 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. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 21 3. Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of 22 Transportation, Standard Specifications for Construction and Maintenance of 23 Highways, Streets, and Bridges. 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. General 26 1. Contractor shall minimize lane closures and impact to vehicular/pedestrian traffic. 27 B. Coordination 28 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to 29 implementing Traffic Control within 500 feet of a traffic signal. 30 C. Sequencing 31 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 32 approved by the City and design Engineer before implementation. 33 1.5 SUBMITTALS 34 A. Provide the City with a current list of qualified flaggers before beginning flagging 35 activities. Use only flaggers on the qualified list. 36 B. Obtain a Street Use Permit from the TPW Department's Transportation Division. The 37 Traffic Control Plan (TCP) for the Project shall be as detailed on the Traffic Control 38 Plan Detail sheets of the Drawing set. A copy of this Traffic Control Plan shall be 39 submitted with the Street Use Permit. 40 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional 41 Engineer. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 City Project No. 104266 347113-3 TRAFFIC CONT ROL Page 3 of 6 1 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 2 Specifications. The Contractor will be responsible for having a licensed Texas 3 Professional Engineer sign and seal the Traffic Control Plan sheets.A traffic control 4 "Typical" published by City of Fort Worth, the Texas Manual Unified Traffic Control 5 Devices (TMUTCD) or Texas Department of Transportation (TxDOT) can be used as 6 an alternative to preparing project/site specific traffic control plan if the typical is 7 applicable to the specific project/site. 8 E. Lane closures 24 hours or longer shall require a site -specific traffic control plan. 9 F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 10 changes to the Traffic Control Plan(s) developed by the Design Engineer. 11 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 12 1.7 CLOSEOUT SUBMITTALS [NOT USED] 13 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 14 1.9 QUALITY ASSURANCE [NOT USED] 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS 19 20 21 22 23 24 25 26 27 28 29 30 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 ASSEMBLIES AND MATERIALS A. Description 1. Regulatory Requirements a. Provide Traffic Control Devices that conform to details shown on the Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control Device List (CWZTCDL). 2. Materials a. Traffic Control Devices must meet all reflectivity requirements included in the TMUTCD and TxDOT Specifications — Item 502 at all times during construction. b. Electronic message boards shall be provided in accordance with the TMUTCD. CITY OF FORT WORT H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M .04266 1 Revised March 22, 2021 City Project No. 04266 347113-4 TRAFFIC CONT ROL 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. CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 City Project No. 104266 3471 13-5 TRAFFIC CONT ROL Page 5 of 6 1 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal 2 turn-ons, street light pole installation, or other construction will be done during peak traffic 3 times (AM: 7 am — 9 am, PM: 4 pm - 6 pm). 4 L. Flaggers 5 1. Provide a Contractor representative who has been certified as a flagging instructor 6 through courses offered by the Texas Engineering Extension Service, the American 7 Traffic Safety Services Association, the National Safety Council, or other approved 8 organizations. 9 a. Provide the certificate indicating course completion when requested. 10 b. This representative is responsible for training and assuring that all flaggers are 11 qualified to perform flagging duties. 12 2. A qualified flagger must be independently certified by 1 of the organizations listed 13 above or trained by the Contractor's certified flagging instructor. 14 3. Flaggers must be courteous and able to effectively communicate with the public. 15 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 16 and follow the flagging procedures set forth in the TMUTCD. 17 5. Provide and maintain flaggers at such points and for such periods of time as may be 18 required to provide for the safety and convenience of public travel and Contractor's 19 personnel, and as shown on the Drawings or as directed by the Engineer. 20 a. These flaggers shall be located at each end of the lane closure. 21 M. Removal 22 1. Upon completion of Work, remove from the Site all barricades, signs, cones, lights 23 and other Traffic Control Devices used for work -zone traffic handling as soon as 24 practical in a timely manner, unless otherwise shown on the Drawings. 25 3.4 REPAIR / RESTORATION [NOT USED] 26 3.5 RE -INSTALLATION [NOT USED] 27 3.6 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 28 3.7 SYSTEM STARTUP [NOT USED] 29 3.8 ADJUSTING [NOT USED] 30 3.9 CLEANING [NOT USED] 31 3.10 CLOSEOUT ACTIVITIES [NOT USED] 32 3.11 PROTECTION [NOT USED] 33 3.12 MAINTENANCE [NOT USED] 34 3.13 ATTACHMENTS [NOT USED] 35 END OF SECTION 36 37 CITY OF FORT WORT H MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 City Project No. 104266 347113-6 TRAFFIC CONT ROL Page 6 of 6 Revision Log DATE NAME SUMMARY OF CHANGE 1 I/22/13 S. Arnold Added police assistance, requirement for when a site specific TCP is required 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 3/22/2021 M Owen 1.5 Clarified submittal requirements 3.3 M. Clarified removal requirements CITY OF FORT WORT H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MSERR2022 Revised March 22, 2021 City Project No. 104266 APPENDIX GC-4.01 Availability of Lands - None GC-4.02 Subsurface and Physical Conditions - None GC-4.04 Underground Facilities - None GC-4.06 Hazardous Environmental Condition at Site - None GC-6.06.1) Minority and Women Owned Business Enterprise Compliance MBE Specifications — Special Instructions for Bidders MBE Subcontractors / Suppliers Utilization Form MBE Prime Contractor Waiver Form MBE Good Faith Effort Form MBE Joint Venture Eligibility Form GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy and Highway Construction Project) GC-6.09 Permits and Utilities - None GC-6.24 Nondiscrimination - None GR-01 60 00 Product Requirements -None CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-6.06.D Minority and Women Owned Business Enterprise Compliance MBE Specifications — Special Instructions to Bidders MBE — Subcontractors / suppliers Utilization Form MBE — Prime Contractor Waiver Form MBE — Good Faith Effort Form MBE — Joint Venture Eligibility Form CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July I, 2011 FORTWORTHo City of Fort Worth Business Equity Division Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY if the total dollar value of the contract is $100,000 or more, then a Business Equity contracting goal is applicable. A Business Equity Firms refers to certified Minority-, and/or Women-, owned Business Enterprises (M/WBE). POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms when applicable, in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Equity Ordinance No.24534-11-2020 apply to this bid. BUSINESS EQUITY GOAL The City's MIWBE goal on this project is ! % of the base bid value of the contract. (If federally funded) The City's DBE goal on this project is 12 % of the base bid value of the contract. A Business Equity Prime Contractor can count it's self -performance services towards meeting the Business Equity Goal for the assigned NAICS commodity codes on their MBE or WBE certification. If the Business Equity Prime Contractor cannot self -perform all of the work, it will be accountable for subcontracting with certified Business Equity firms to meet the overall goal. COMPLIANCE TO BID SPECIFICATIONS On City contracts $100,000 or more where a Business Equity Goal is applied, offerors are required to comply with the intent of the City's Business Equity Ordinance by meeting or exceeding the above stated goal through one of the following methods: 1. Business Equity subcontracting participation, or; 2. Commercial useful function services performed by the Business Equity Prime to count towards the goal, or; 3. Combination of Business Equity Prime services and Business Equity subcontracting participation, or; 4. Business Equity Joint Venture participation, or; S. Good Faith Effort documentation, or; 6. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The Utilization Plan shall be due at the time specified in the solicitation. The applicable documents must be received by the Purchasing Division, within the time allocated, in order for the entire bid to be considered responsive to the specifications. The offerer shall deliver the Business Equity documentation in person (or email if designated within project specifications) to the appropriate employee of the Purchasing Division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. Documents are to be received no later than 2:00 p.m., on the second City business day after the bid opening date, exclusive of the bid opening date. Faxed copies will not be accepted. The Offeror must submit one of the following documentation: 1. Utilization Form, if the goal is met or exceeded, 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if participation is less than stated goal, or no Business Equity participation is accomplished, 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all subcontracting/supplier opportunities, 4. Joint Venture Form, if goal is met or exceeded with a Joint Venture. These forms can be found on-line at: https://apps.fortworthtexas.qov/ProjectResources/. FAILURE TO COMPLY WITH THE CITY'S BUSINESS EQUITY ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the Business Equity Division at (817) 392-2674. Department of Diversity and Inclusion Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 Effective 0 1/0 1/2021 City of Fort Worth ATTACHMENT 1A FORT WORTH Business Equity Utilization Form Page 1 of 4 Disadvantaaed Business Enterprise Utilization Form (Applicable if Federally -Funded) PRIME/OFFEROR/OWNER COMPANY NAME: 12 PROJECT NAME: Sewer Main Extensions, Replacements, & Relocations Contract 2022 PROJECT NUMBER: BID DATE: City's Business Equity Goal: Offeror's Business Equity (or DBE) '10466 (Check if addressing DBE Goal) 12 % Commitment: % +I Check all applicable boxes to describe ❑ Not Certified MBE WBE DBE HUB �VOSB Section 3 Prime/Offeror/Owner's Classification: Certifying Agency: ❑NCTRCA []D/FW MSDC F_]TXDOT F_]WBCS Other Ethnicity: F]AfricanAmerican ❑Hispanic 0Caucasian 11 Asian ❑Native American Gender: ❑Male ❑Female ❑Non -Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects. documents will be submitted to the Citv Project Manaqer if publicly bid or to the Developer if privately bid. The undersigned Prime/Offeror agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception: Developer projects). 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. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the Citv of Fort Worth including portions of Denton. Parker, Wise, and all of Tarrant, Dallas, and Johnson counties. Certified means those fines, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and Women's Business Council -Southwest (WBCS). If hauling services are utilized, the Prime/Offeror will be given credit as long as the Business Equity firm listed owns and operates at least one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, including Business Equity owner -operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Note: For DBE Goals, 60% of the services count towards the goal. Please see below. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the committed DBE goal. Effective 01/0112021 Updated 06/16/2021 FORT WORTH ATTACHMENT to Business Equity Utilization Form Page 2of4 Please note that only certified Business Equity firms will be counted to meet the Business Equity goal. Prime/Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Business Equity firms and non -Business Equity firms. Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier. means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The Prime/Offeror is responsible to provide proof of payment of all tiered sub-contractors/suppliers identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this box[:] if certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Eauitv firm names as listed on their certification. including DBA names. NAMES AND ADDRESSES OF TYPE OF SERIVICES/SUPPLIES Specify CONTRACTORS/SUPPLIERS PROVIDED (NAICS Required) Tier Certification Agency Gender and Ethnicity: Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary Address: ❑ D/FW MSDC ❑African American ❑Hispanic ❑NCTRCA Phone: Email: NAICS Code: ❑TXDOT ❑ WBCS ❑Asian ❑ Other: ❑Caucasian ❑ Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary ❑DFW MSDC Address: ❑ NCTRCA ❑ African American ❑ Hispanic Phone: NAICS Code: ❑TXDOT ❑WBCS ❑Asian Email: ElOther: El Caucasian ❑Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary Address: ❑ DFW MSDC ❑ NCTRCA ❑ African American ❑ Hispanic Phone: NAICS Code: El TXDOT ❑ WBCS ❑ Asian Email: ❑ Other: ❑ Caucasian ❑ Native Contact Person: $ AMOUNT: American Effective 01 /01 /2021 Updated 06/16/2021 FORT WORTH Business Equity Utilization Form Please include multiple copies of this page if needed to list all contractors and suppliers. ATTACHMENT IA Page 3 of 4 NAMES AND ADDRESSES OF CONTRACTORS/SUPPLIERS TYPE OF SERVICES/SUPPLIES PROVIDED (NAICS Required) Specify Tier Certification Agency Gender and Ethnicity: Business Name: Type of Service/Supplies: Certified By: Male Female FI Non -Binary Address: EID/FW MSDC African American Hispanic NCTRCA Phone: NAICS Code: �TXDOT �WBCS Asian Email: Other: Caucasian � Native Contact Person: $AMOUNT: American Business Name: Type of Service/Supplies: Certified By: El Male Female Non -Binary Address: El DFW MSDC NCTRCA African American EHispanic Phone: NAICS Code: �TXDOT �WgCS Asian Email: El Other: Caucasian Native Contact Person: $AMOUNT: American Business Name: Type of Service/Supplies: Certified By: Male E] Female E] Non -Binary Address: DFW MSDC NCTRCA ❑African American OHispanic Phone: NAICS Code: 1:1TXDOT ❑ WBCS Asian Email: Other: Caucasian El Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: Male EFemale 1-1 Non -Binary Address: ❑ DFW MSDC NCTRCAAfrican American Hispanic Phone: NAICS Code: El �WBCS ❑Asian Email: Other: Caucasian Native Contact Person: $AMOUNT: American Effective 01 /01 /2021 Updated 06/162021 ATTACHMENT IA FORT WORTH Page 4 of 4 ' Business Equity Utilization Form Total Dollar Amount of Certified Prime/Offeror Services towards contract goal $ Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers $ Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORS/SUPPLIERS $ The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of Change/Addition online. 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 Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Authorized Signature Title Company Name Address City/State/Zip Code Department of Diversity and Inclusion - Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Ph: 817-392-2674 Printed Signature Contact Name and Title (if different) Phone Number Email Address Date Effective 01/012021 Updated 06/16/2021 FORT WORTH. ATTACHMENT 113 Page 1 of 1 City of Fort Worth Business Equity Division Prime Contractor Waiver Form PRIME/OFFEROR I Check applicable box to describe Prime/ COMPANY NAME: Offeror's Ceriificati � Business Non -Business PROJECT NAME: �� Equityfirm❑Equityfirm MSERR2022 BID DATE City's Business Equity Goal: Offeror's Business Equity Project Commitment: PROJECT NUMBER 12 Rio Rio 104266 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and provide a detailed explanation. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasinq Division no later than 2:00 p.m., on the second City business day after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer if privately bid. Will you perform this entire contract without subcontractors? 1-1 YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this is business inventory NO project, this your normal practice and provide an profile of your business. The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including Business Equity firms on this contract, the payment thereof and any proposed changes to the original Business Equity firm arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Prime/ Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/Zip Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 Printed Signature Contact Name (if different) Phone Number Email Address Date Effective 01/01/2021 FORT WORTH, City of Fort Worth ATTACHMENT 1C Business Equity Division Page 1 of 4 Good Faith Effort Form PRIME/OFFEROR COMPANY NAME: PROJECT NAME: MSERR2022 Check applicable box to describe Prime/Offerors Certification nBusiness Equity i I Non -Business Firm Equity Firm BID DATE Business Equity Goal: Offeror's Business Equity Goal Commitment: PROJECT NUMBER 12 % Rio 104266 I If the Offeror did not meet or exceed the Business Equity Goal for this project, the Prime/Offeror must complete !1 this form. If the Prime/Offeror's method of compliance with the Business Equity Goal is based upon demonstration of a "Good Faith Effort", the Prime/Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 10 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Prime/Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer if privately bid. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a Business Equity firm or non -Business Equity firm. (DO NOT LIST NAMES OF FIRMS). On all projects, the Prime/Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Effective 01/01/2021 ATTACHMENT IC Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of Business Equity subcontractors and/or suppliers from the City's Business Equity Division. Yes No Date of Listing 3.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes, attach list to include name of Business Equity firm, ep rson contacted, phone number and date and time of contact.) No 4.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by fax, exclusive of the day the bids are opened? Yes (If yes, attach list to include name of Business Equity firm, fax number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the NO GFE non -responsive.) 5.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? ❑ Yes (If yes, attach email confirmation to include name of Business Equity firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the FINo email system for proper documentation. Failure to submit confirmation and/or "undeliverable message" documentation may render the GFE non -responsive.) NOTE: The three methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Prime/Offeror must document that either at least two attempts were made using two of the three methods or that at least one successful contact was made using one of the three methods in order to deemed responsive to the Good Faith Effort requirement. NOTE: The Prime/Offeror must contact the entire Business Equity list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 thru 5. 6.) Did you provide plans and specifications to potential Business Equity firms? Yes No 7.) Did you provide the information regarding the location of plans and specifications in order to assist the Business Equity firms? Yes No Effective 01/01/2021 ATTACHMENT1C Page 3 of 4 8.) Did you prepare a quotation for the Business Equity firms to bid on goods/services specific to their skill set? ❑ Yes (If yes, attach all copies of quotations.) ❑ No 9.) Was the contact information on any of the listings not valid? (If yes, attach the information that was not valid in order for the Business Equity Division to address Yes the corrections needed.) ❑ No 10.) Submit documentation if Business Equity firms quotes were rejected. The documentation submitted should be in the firms forms of an affidavit, include a detailed explanation of why the Business Equity firms was rejected and any supporting documentation the Prime/Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Prime/Offeror will provide for confidential in -camera access to an inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION; Please provide additional information you feel will further explain your good and honest efforts to obtain Business Equity firm participation on this project. The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. A Prime/Offeror who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Effective 01/01/2021 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the Business Equity firms listed was/were contacted in good faith. It is understood that any Business Equity firms listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's Business Equity Division. Authorized Signature Title Company Name Address City/State/Zip Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 12 Printed Signature Contact Name and Title (if different) Phone Number Email Address Date Effective 01/01/2021 FORT WORTH, Joint Venture CITY OF FORT WORTH Page 1 of 3 Joint Venture Eligibility Form All questions must be answered, use "NIA "if not applicable. Name of City project: Sewer Main Extensions, Replacements, & Relocations Contract 2022 A joint venture form must be completed on each project UP/Bid/Project Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: E-mail: Fax: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture Business E ui tyl 'Non -Business Firm Name: Equity Firm Name:l Business Firm Business Finn Contact Name: contact Name: Business Business Address: Address: Telephone: I Fax: Telephone: I Fax: E-mail: E-mail: Certification Status: Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the Business Equity firm: Describe the scope of work of the non -Business Equity firm: Effective 01/01/2021 Joint Venture Page 2 of 3 3. What is the percentage of Business Equity firm participation on this joint venture counting towards the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel ------------------------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Business Equity Division will review your joint venture submission and will have final approval of the Business Equity percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's Business Equity Division immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's Business Equity Ordinance. Effective 01/01/2021 Joint Venture Paqe 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of Business Equity Firm: Name of Owner: Signature of Owner Printed Name of Owner Signature of Owner Title Date State of On this day of Name ofNon-Business Equity Firm: Name of Owner: Signature of Owner Printed Name of Owner Signature of Owner Title Date Notarization County of and , 20 , before me appeared to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 (seal) Effective 01/01/2021 GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy and Highway Construction Projects) 2013 Prevailing Wage Rates (Commercial Construction Projects) CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer (Miscellaneous) $ 13.00 Metal Installer Helper (Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH MSERR2022 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104266 Revised July 1, 2011