Loading...
HomeMy WebLinkAbout063128-PM1 - Construction-Related - Contract - Longvue Baptist Church and Trophy Construction Services, LLCPROJECT MANUAL FOR THE CONSTRUCTION OF WATER, SEWER, PAVING, DRAINAGE & STREET LIGHTING IMPROVEMENTS TO SERVE LONGVUE BAPTIST CHURCH IPRC Record No. IPRC24-0015 City Project No. 105310 FID No. K-30114-0200431-105310-E07685 File No. K-3239 X File No. X-28088 Mattie Parker Jesus “Jay” Chapa Mayor City Manager Christopher P. Harder, P.E. Director, Water Department Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth September 2025 949 Hilltop Drive, Weatherford, Texas 76086 Texas Registered Engineering Firm F-000044 Phone (817) 596-7575, Fax (817) 887-3016 09/08/2025 CSC No. 63128-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised March 20, 2020 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised March 20, 2020 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised March 20, 2020 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 TROPHY DAP - BID PROPOSAL Page 1 of 7 1 0171.0101 Construction Staking 01 71 23 LS 1 $ 478.89 $ 478.89 2 0241.1118 4"-12" Pressure Plug 02 41 14 EA 1 $ 276.00 $ 276.00 3 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, Residential 32 01 17 SY 4.5 $ 2,970.66 $ 13,367.97 4 3305.0109 Trench Safety 33 05 10 LF 200 $ 1.12 $ 224.00 5 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 0.2 $ 15,985.00 $ 3,197.00 6 3311.0241 8" Water Pipe 33 11 12 LF 200 $ 39.66 $ 7,932.00 7 3312.0001 Fire Hydrant 33 12 40 EA 1 $ 7,839.00 $ 7,839.00 8 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $ 4,288.00 $ 4,288.00 9 3312.2003 1" Water Service 33 12 10 EA 2 $ 2,667.50 $ 5,335.00 10 3312.3003 8" Gate Valve 33 12 20 EA 1 $ 1,406.12 $ 1,406.12 UNIT I: WATER IMPROVEMENTS TOTAL UNIT I: WATER IMPROVEMENTS $44,343.98 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No.Description Specification Section No. Bidder's Proposal Bid ValueUnit of Measure Bid Quantity Unit Price CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP TROPHY DAP - BID PROPOSAL Page 2 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No.Description Specification Section No. Bidder's Proposal Bid ValueUnit of Measure Bid Quantity Unit Price 1 0171.0101 Construction Staking 01 71 23 LS 1 $ 100.00 $ 100.00 2 3305.0109 Trench Safety 33 05 10 LF 183 $ 1.50 $ 274.50 3 3305.0113 Trench Water Stops 33 05 15 EA 2 $ 250.00 $ 500.00 4 3331.4101 4" Sewer Pipe 33 31 20 LF 10 $ 50.80 $ 508.00 5 3331.4115 8" Sewer Pipe 33 31 12, 33 31 20 LF 63 $ 236.52 $ 14,900.76 6 3331.4116 8" Sewer Pipe, CSS Backfill 33 31 12, 33 31 20 LF 110 $ 200.00 $ 22,000.00 7 3339.0003 Liner - 4' Sewer MH 33 39 60 VF 32.2 $ 300.00 $ 9,660.00 8 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 2 $ 9,643.00 $ 19,286.00 9 3339.1002 4' Drop Manhole 33 39 10, 33 39 20 EA 1 $ 5,360.84 $ 5,360.84 10 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 VF 16.3 $ 435.00 $ 7,090.50 UNIT II: SANITARY SEWER IMPROVEMENTS TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $79,680.60 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP TROPHY DAP - BID PROPOSAL Page 3 of 7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidlist Item No.Description Specification Section No. Bidder's Proposal Bid ValueUnit of Measure Bid Quantity Unit Price 1 0171.0101 Construction Staking 01 71 23 LS 1 $ 478.89 $ 478.89 2 3305.0109 Trench Safety 33 05 10 LF 126 $ 4.86 $ 612.36 3 3137.0102 Large Stone Riprap, dry 31 37 00 SY 21 $ 165.00 $ 3,465.00 4 3137.0104 Medium Stone Riprap, dry 31 37 00 SY 5 $ 326.40 $ 1,632.00 5 3341.0201 21" RCP, Class III 33 41 10 LF 78 $ 71.23 $ 5,555.94 6 3341.0205 24" RCP, Class III 33 41 10 LF 48 $ 84.55 $ 4,058.40 7 3349.4104 21" SET, 1 pipe 33 49 40 EA 1 $ 7,182.00 $ 7,182.00 8 3349.4105 24" SET, 1 pipe 33 49 40 EA 2 $ 1,634.00 $ 3,268.00 9 3349.7001 4' Drop Inlet 33 49 20 EA 1 $ 8,901.17 $ 8,901.17 10 UNIT III: DRAINAGE IMPROVEMENTS TOTAL UNIT III: DRAINAGE IMPROVEMENTS $35,153.76 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP TROP4IY f7AP - B IU PItOPOSAL Pngc 7 of 7 SECTIOlV 00 a2 43 Qaveloper Awarded Projecfs - PRQPOSAL FORM UNIT PR10E BID Bidder's Application Project ltem [nformation I Bidder's Proposa] Sidlist ]ten�l Descri iion SpeciScation Section Unit af Bid NQ� � � + No. + Mens¢re � Quantity l Unit Price � L3id Value �il(� S11F11371Rey UiVIT I: WATER IMPROVEM�NTS $4�i,343.98 UNIT II: SANI7ARY SEWER IMPROVEMENTS $79,68fl.60 UNfT III: DRAINAGE IMPROVEM�NTS $35,i53.76 UNIT IV: PAVING IMPROVEMEf�TS UN{T V: S�REET LIGHTING IMPROVEMENTS __...._.._ UNIT VI: TRAFFIC 5lGNAL IMPROV�MENTS Totnl Consh•uction Bid $159,178.34 'l'l�is Bid is subn�ittec[ by tlie entity na»�ed hclo�r: ISIDDLR: �Y: �Vade Allard "i'rn��hy Couslruction Scrvices, LLC �� 236 E Ell€sau St. TITL�; Vice P�•esidciM Burlesou, Ts 76{}28 DATI:: Conlractnr ag��ces lo cmnpletc \VO�1C foa• I�'1N.4LE\CCEP'FANCE lvilhiu 8 �vo�9ciug days after the date �vhen the COlTLiAC"I' canntcnces to run as �trovi�led in thc Gcncral Conditions. CN13 OI� SI?CTION ctTv oF Hoirr won ri r 5fA�1L7AR➢ CONS"1"RUCf1pN SPEC[FlCA7'[(]N f10C[lIt{ENTS - U�VGLppFR AIYARDEU YIIOJECTS forin versf oi, May� ��, zn I n 00.12 J3_�id Pmposal UAP 00 45 12 DAP PREQUALIF[CATION STATEMENT Page 1 of 1 SECTION 00 45 12 DAP — PREQUALIFICATION STATEI�IENT Each Bidder is required to complete the information below by identifyng ihe prequalified contractoi•s and/or subcontractors whom they intend to utilize for the major work t.�pe(s) listed. In the "Maior Work Type" box provide the complete maior work tvbe and actual descrintio� as nrovided bv the Water Department for water and sewer and TPW for oavine. Major Work Type Contractor/Subcontractor Com �any Name Prequalification __ Expiration Date Underground Utilities (Water, sewer, storm) Trophy ConstruCtion ServiCes 4/22/26 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: TROPHY CONSTRUCTION SERVICE'S, LLC BY: WADE ALLARD 236 E ELLISON ST. BURLESON, TX 76028 % `- -��/ r ���. ,, ��� (Signature) TITLE: VICE P�ESIDENT DATE: ' II END OF SECTION CITY OF FORT WORTH STANDARDCONSTRUCTIONPREQUALIRCATIONSTATEMENT—DEVELOPERAWARDEDPROJECTS 004512 Prequalification5tatement2015 DAP-TROPHV Form Version September 1, 2015 — I Oq 45 28 - 'f CONTRAGTOR CQMPLiANCE Wi 6'H WCIRKER'S COMPEN�ATIt7N I.AW Page 1 nf 2 � 2 3 4 5 6 7 S 9 IQ 11 'i 2 'f3 '14 '15 '16 '[7 f8 '19 �� �� �� �g �q '_'5 ?6 .� ,�8 �rg ;3� :.1 �2 a� �4 +5 SE'C'T�Qi�I Oli 45 2�t CONTRACTC31� Ct.�MPL[AR��E WITF� V�+ORKER'� CC3MPCNSATION L.AW Pursuant to Texas Labor Code Section 406.Q96(aj, as am�nded, Contractor certifie� that it pravides worl<er's compensation insurance coue��age far all of its e mployees employed on City Project No.1�?;i�310. Contr�ctor fur�her certifies that, nursuant fio T�x�s Labor G',ode, Sectian 406.096(bj, as amended, it will provicie to City [�s subcontractor's certifiicat�;s caf compl�ence with worker's compensation aoverage. �� C{�N`f RAGTC3 R; Trc�t�hv Construction Services. LLC Company _ 236 E Etlison St. Address Burleson, TX 76Q28 Cit�y/StatelZip TH� STATE OF7'EXAS CC7Ut�fTY C}F TARRAhli � � Title: Vic� Presi �ent (Pte�se Printj BEFQRE M�,'�t1.h�e undersigned authcarity, on fihis day persanally ap�eared �. �Gf�.!!. tTl �.G,� ,!<nown fiQ me tn be the p�r�on whose name i$ suEascrii�ed to the foregair�g irastrument, and acknowledged to me�,that he/she executed the , i sama as the a�t and deed of �✓o��f���Li�Y1 �Jlr�k �far the purpas�s and consideration therein expressed and in the capacity therein statecl, ' G�V�f� GJNC3ER MY HAND AND �EAL C}F C?FFICE this IU�` c ay ofi -- �L�LiQ,.' , 2p� ClTY OF FORT WQ�TH STANDARD CE3iVSTRUCTIONSPEGiFICATICIN DQCUMENTB Revised Rprit 2, 2014 By: Wade Allar�l (PGe�.se F'ri�t) Signature: �` LdngV�e Ba�tist Church � 1Q531q 1 2 3 4 5 404528-2 CONTRACTC7Ft G(7MPLIANCE WI I�i W W{3RKER'S COMPEN$A7[ON LAW �" Pags 2 nf 2 ,,,, � ,Y.�",., . ;:P�. _ ����,; GiIVGER �F�RNKLltU cO�� � �' Johnsoe� County �*� Y'�%' ti` Notary Public, State Of Texas I �''� �� � < ' � `"'�� P'� Comrr�. Ex `9r� o� ��.y, a Pires 10-28-2Q25 � '. „ N o�a�y i t�# � 2 ssoasa-s �c�tary Public i��and for the State, of Texas ?��:,,��-�,�.�,�...�, ,�, __ � ENL'� 4F S�CTION CITY {3F �QRT WORTM STAi�ft�ARD GONS7RUCTI41�lSPECIFICA71tiN DOcuMENTS Revisad April2, 2Q14 Lcingvue f3eptfstChurch 10531Q 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 6 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised June 16, 2016 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on _06/13/2025_is made by and between the Developer, 3 Longvue Baptist Church, authorized to do business in Texas (“Developer”) , and _ Trophy 4 Construction Services, LLC , authorized to do business in Texas, acting by and through its 5 duly authorized representative, (“Contractor”). 6 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, 7 agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for 10 the Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a 13 part is generally described as follows: 14 Water, Sewer, Paving, Drainage & Street Lighting Improvements to Serve Longvue Baptist 15 Church_ 16 _City project No. 105310____________________________________________________ 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within {__8___} working days after the 23 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded 25 Projects. 26 005243-2 Oeveloper Awarded �rojectAgreement Page2of6 31 32 33 34 35 36 37 38 with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. Ths Contractor alsa recognizes the delays, expense and di#ficulties invol��d in proving in a legal proceeding the actual loss suffered by the De�eloper'rfthe Work is nafi completed on tirr�e. Accordin�ly, insiead af requiring any such proof , Contractor agrees that as liquidated damages for delay (but nat as a penalty), Contractor shall pay Developer Five Hundreri and 00/900 Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 #or Final Acceptance until the City issues the �inal I�etter of Acceptance. 39 Article 4. CONTRACT PRICE 4Q pe�eloper agrees to pay Contractor for performance of the Work in accordance with the 41 Cantract Documents an arnount in current funds of One Hundred Fifty-iVine Thousand. 42 One Hundred Seventy-Ei�ht _and 3A/100_Dollars ($959.978_34 ). 43 Article 5. CON7RACT DOCUMENTS 44 45 46 47 5.1 CONTENTS: A. The Contract bocuments which comprise the entire agreement between Developer and Contractor cancerning the Wark consist of the fo![owing: 1. This Agreement. 48 2. Attachmentsto this Agreement: 49 a. Bid Form (As provided by Deve[aper) 50 1) Proposal Forrr� (DAP Version) 51 2) Prequalification Statement 52 3) State ar�d Federai documents (projectspecificJ 53 h. Insurance ACORD Form(s) 54 c. Payment Band (DAP Version) 55 d. Pertormance Bond (pAP Version) 56 e. Maintenance Band (QAP Version) 57 f. Power of At#orneyforthe Bonds 58 g. Worl<er's CompensaCion Affida�it 59 h. MBE and/orSBE Commitment �orm (If required) CI7Y OF FORT WORTH Longvue Baptist Church STANDARD GOIVSTRUCTION SPECIFICA7I�N IJ�CUMENTS— dEVELOPER AWARd�p PROJECTS 905310 Fievised lune 96. 2016 i OQ5243-3 beve(oper Awerded Project Agreement Page3of6 6Q 3. 5tandard City General Conditions af the Constr�ction Contract for Developer 61 Awarded Projects. �2 4. SuppiementaryConditions. 63 5. Specifications specifically rrtade a part of the Contract Documents by 64 attachment ar, if not attached, as incorporated by reference and described in C5 the Table af Contents of the Project's Contract Documents. 66 6. Drawings. 67 7_ Addenda. 68 8. Documentation submitted by Contractar prior to Notice of Award. 69 9. The fo[lowing which may be deli�ered or iss�ed after the Effective Date of the 70 Agreement and, if issued, become an incorporated par# of the Contract 71 Documents: 72 a. Notice to Proceed. 73 b. Field Orders. 74 c. Change Orders. 75 d. Letter of Final Acceptance. 76 77 CIT`( OF FORT WORTH Lor+gvue Bapfist Church STANDAR� CONSTRUCTIdi� SP�CIFICATIO�I dOCUMENTS - D�VEL4PER AWARPED PROJEC�S 105370 Re�ised June i6, 201fi 005243-4 �eveloper Awarded Project Agreement Page 4 of S 78 Article 6. If�DEMNIFICATION 79 6.'i Cantractor co�enants and agrees to i�tdemnify, hold harmless and defend, at its 8D own expense, the city, its officers, ser�ants and emp[ayees, from and against any 81 and aLl c�aims arising out of, or alleged to arise out of, the work and ser�ices to he 82 performed by the contractor, its officers, agents, err}ployees, subconiractars, 83 licenses or invitees under this contract. This indemnification nro�ision is 84 snecificallv intended to o�erate and �e effecti�e even if it is atie�ed or proven that, 85 all or some of the dama�es bein� sou,�ht were caused. in whole or in nart. byr anv 86 act. omission or ne�li�ence of the citv. This indemnity pro�ision is intended to 87 include, withou# limitation, indemnity for costs, expenses and legal fees incurred 88 by ti�e city in defending against such claims and causes of actions. 89 90 6.2 Contractor covenants and agrees ta indemnify and hold harmless, at its own 91 expense, the city, its officers, ser►rants and employees, from and against any and 92 all loss, damage or destruction of property of the city, arising o�t of, or alleged to 93 arise out of, #he worl< and services to be �erformed by #he contractor, its officers, 94 agents, employees, subcontractors, licensees or invitees under this contract. 95 This indemnification nrovision is specificall� intanc�ed to onerate and be effective 96 even if it is a[le�ed or pro�en that all or some of the darna�es bein� sou�ht were 97 caused. in whole or in_nart. bv any act, omissian or ne�ii�ence nf the cit�r. 98 99 Article 7. MISC�LLAN�OUS 1 QO 7, � Terrns. 101 Terms used in this Agreement are d�fined in Article 1 of the Standard City Cor�ditions � 02 of #he Constructiar� Contract for De�eloper Awarded Prajects. 103 7.2 Assignment of Contract. �i 04 This Agreement, including al! of the Contract Documents may not be assigned by the 105 Contractor without the advanced express written consent of the Developer. 106 7,3 Successors and Assigns. 107 Developer and Contractor each 6inds itself, its partners, successors, assigns and 108 legal representati�es to the o�her party hereta, in respect io all covenants, 109 agreements and abligations contained in the Contract Documents. CITY OF FORT WOR7H Longvue BaptistChurch STANDAR� CONSTRUCTION SPECIFICATlON QOCUMEN7S— DEVELOPEFI AWARflED pROJECTS 1053i0 � Revised June 16, 2p16 — Q05243-5 Devetoper Awarded Project Agreement Page 5 of 6 110 7.4 Severability. 111 Any provision or part of the Gontract Documents held to be unconstitutional, void or 112 unenforceabte by a court of competent jurisdiction shall be deemed stricken, and a!t 113 remaining provisions shall continue to be vafid and binding upon DEVELOPER and 114 CONTRACTOR. 115 7.5 Governing Law and Venue. 116 This Agreement, including all of the Contract Documents is performabte in the State 117 of Texas. Venue shali be Tarrant County, Texas, or the United States District Court for 118 the Narthern District of Texas, Fort Worth Division. 119 120 7.6 Authorityto Sign. 121 Contractor shaEl attach evidence of authority to sign Agreernent, if other than duly 122 authorized signatory of the Contractor. 123 124 125 126 127 12$ IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multipte counterparts. 1'his Agreement is effective as of the tast date signed bythe Parties ("Effective Date") Contractor: Trophy Canstruction Servfces, LLC By: �� (Signat ) Wade Altard aeveloper: Longvue Baptist Church 8,,: �` - . .� {Signaturej Brian Fisher C1TY O� fQRT WORTH Longvue 8apiist Church S7ANDARD CONSTRUC7{ON SPECtFICATION DQCUMENTS— pEVELOPER AWAflDED RROI�CTS 105310 Revised June 16, 201& 005243-6 Developer Awarded Project Agreement Page 6 of 6 129 VY VW� �GY✓� {Printed Name) Titte: Vice President Company Name: Trophy Construction Services, LLC Address: 236 E Eltison St. City/State/Zip: Burleson, Tx 76028 Date ,,�� � � h �%'.r � e s- (Printed Name) Titte: Pastor Company name: Longvue Baptist Church Address: 3420 Longvue Avenue City/State/Zip: Fort Worth, Tx 76116 �/.�/� �- Date C{TY OF FORT WOR7"H Longvue 8apfist Church STANDARD CONSTRUCTION SPECIFICATtON DOCUMENTS - OEVELQPER AWARDED PROJECTS 105310 Revised lune 16, 2016 29th May 25 29th May 25 2 �.JG�1. v 4�J ��� I l�� �r� 3 4 ,__._.--o �5 _ _.._.._.__�—•--' 6 Witness as to Principal 7 8 9 1Q 11 12 13 14 15 16 17 18 19 a 21 ���GG"���'��; Johy�i W. Newby �/ 22 . 23 z� ��,��°�'O 25 Witness as to Surety 26 Troy Key 27 28 29 OQ6213-3 PERFORMANCE80ND Page 3 of 4 Address: 236 =. Ellison St. BurlEson, TX 76028 SU REIY: SureTec Insuranc�. Company BY: i"�� °� �<,_r��..�`�� Sign.ture �� Sandra Lee Rone��, Attorney in Fact Nam a and Titte Address: I 2103 ��ityWest Blvd., Suite 1300 Houst�n, TX 77042 Te[ephone 966-732-0099 Number: ciry oF Fa�rwo�rr� Longvue Bapiisi Church S7ANDARD CI7YCONDl710N5—pEVEIOPERAWARDED PROJECTS 905370 Revlsed January3l, 2072 I I 006213-4 PERFORMqNCEBOND Page 4 of 4 1 *Note: if signed by an officer af the Surety Company, there must be on file a cerCified � extract from the by-laws showing that this person has authoriry to sign such 3 obligation. If Surery's physical address is different from its mailing address, both 4 must be provided. S 6 The date of the bond shall not be priorta the date the C��ntrect is awarded. 7 CIl"Y pF FOR7 WORTH Longvue Baptlst Churc,h S7ANDARD GITYCONDITlON3—DEVELpPERAWARDEq AROJECTS 705310 Revised January3l, 2012 I I 29thMay 25 29thMay 25 r,os�,a-a f�AYM�NT 80iJD Page 3 af 3 SUREiY: SureTec Insurance Company RTf�ST: 6Y: ����{k-� _r�P Signat�re � .� ��Y��1��� Jof�i W. Newby � (Surety) Secretary Sandra Lee Ronev, At#ornev in Fact Narne �nd Tit(e Address; 2�03 CityWest Bivd., Suite 13pQ hlouston, TX 77042 �,�� ' � I roy Witness as to Sur�ty Te(ephone Number: 868-732-0099 7 S 1 2 Nate: ff si�ned by an offic�r af the Surety, there must be on fi�e a certified axtract from the 3 bylaws shawing that this person has authority to sign sucf7 nbligation. ff SUr�ty's physicat 4 address is different from its mailing address, both must be provided. 5 6 The date of the bond si�alt not be prior to the date thc Contract is awarded. �NQ OF SECTION ciry o F Fo�zT wn r��rH STAiVL]qR� CfTY CONDfTIOIV5 -- ()FVELOPER k1NARpEp PROJcCTS Revised January:i1, 2py2 Lon�Vue 8�ptist ChUrCh 1053 � 29thMay 25 U06219-2 MAlul'CIVAMCE 60ND Pa�e 2 of 4 f Water, Sewer, Pav+ng, Drain�ge & Street LignCing Improvements to sor�e Longvue 8aptist 2 Church; and 3 WHER�AS, I'rincipal binds itself to use such materials and to so construct the Work 4 in accordance with tlie plans, specific�tipns ancE Cor�tract Documents that the Work is anti 5 will rcmain free from defects in materials or workmanship for and duringthe period of two 6 (2) years aft�:r the date of Final Acceptance of the Worl< bythe City {"Maintenance Period"); 7 a�d 0 9 WHEREAS, Principal binds itse[f to repair a� recpnstruct thE Work in wl�q[a pr in part 14 upon receiving notice from ths DevE[aper and/or Ciry of the need thereof at any time within 11 t�e Maintenance f'eriod. 12 13 NOWTHEREFOFtE, the candition oft[�is abligation is suc� that if Principal shali 14 remedy any defective Work, for which tirr-Eely noticE was �rovided by p�veloper or Ciry, to a 15 completion satisfactory to ti�e City, th�r� this obligaiion sh��l became null and void; 1� otherwise to remain in fuli force and effecY. 17 � 8 PROViDED, HOW�V�R, if Principal shall fail so to re��air or recnnstruct any timely 19 noticad defective Worlc, it is agreed #hat tha De�eEoper or City may cause any and all sucl� 20 tEefective Work to be repaireti and/or reconstructed with �ll associatecl costs thereof being 21 borne by the Principal �nd the Surety under this Maintenance Band; and 22 23 PROVIDED FUF2THER, that if any legal action be filed on #his Bond, �enua sh�Ll li� in 24 Tarrant Caunty, Texas or the United States District Court for the Northern aistrict of Texas, 2� Fort Worth Di�ision, and 26 cizv or ro� � wn�rH SiANDAAp GI'fY C:UI�DITIONS— p�1/�i.ppERAWAFDCD PROIECTS RBvised lanuary 31, 2012 Lon�vue SapiisCChr�rc.h 7053 29thMay 25 006219-4 MAIfJTENAh1C� B�IVD page 4 of 4 1 2 3 4 5 6 7 8 9 90 'E 1 12 13 'i 4 15 16 �� �8 '] 9 20 29 22 23 24 25 26 27 ATTES7: ,� � I.iiN - _ _ _ ,Jgh . Newbii � �Surety) SeCretary f � f�,_L ��, � Wifness as to Surety Troy Key SureTec Insurance Campany 8Y: ��_ Signature t__ 5andra Lee Ron�:v, Atkornev in �Fa�t Name ar+d 7itle Address: 2103 CitvWest Blvd., Sui[e 134Q Houston. TX 7704. 7�lephane 8f6-732-Oa99 Number: *Not�: 1f signed by an ofi�icer of the Surety Company, there must be on fite a certified extract fram the L�y-�aws showing that this �erson has authority to sign such obligatian. If Surety's phySical address is diff�:r�nt from its maiiing address, both must be provided. �t�e date af the bond shall not be prior ta the date t�e Contract is awarded. CI�FY OF FDR7 WORTH S7An�pkRD CIN COIVDI7fONS - DF.V�LdP�R A�NARDEO r^ADIcCTS Revised January37, 2012 Lor+a �e BapifstChurch 7053 PATCON DAP - BID PROPOSAL Page 4 of 7 Unit of Measure Bid Quantity Unit Price SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid ValueBidlist Item No.Description Specification Section No. 1 3124.0101 Embankment by Plan 31 24 00 CY $303.00 $51.00 $15,453.00 2 3213.0401 6" Concrete Driveway 32 13 20 SY $191.00 $74.94 $14,313.54 3 3292.0400 Seeding, Hydromulch 32 92 13 SY $258.00 $2.74 $706.92 4 5 UNIT IV: PAVING IMPROVEMENTS TOTAL UNIT IV: PAVING IMPROVEMENTS $30,473.46 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP PATCON DAP - BID PROPOSAL Page 5 of 7 Unit of Measure Bid Quantity Unit Price SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid ValueBidlist Item No.Description Specification Section No. 1 3441.1403 NO 6 Triplex OH insulated Elec Condr34 41 10 LF 345 $ 13.75 $ 4,743.75 2 3441.3051 Furnish/Install LED Lighting Fixture (137 watt ATB2 Cobra Head)34 41 20 EA 2 $ 2,400.00 $ 4,800.00 3 3441.3321 Furnish/Install 40' Wood Light Pole 34 41 20 EA 2 $ 2,902.00 $ 5,804.00 4 3441.3323 Furnish/Install 8' Wood Light Pole Arm34 41 20 EA 2 $ 577.00 $ 1,154.00 5 UNIT V: STREET LIGHTING IMPROVEMENTS TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $16,501.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP PATCON DAP - BID PROPOSAL Page 7 of 7 Unit of Measure Bid Quantity Unit Price SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid ValueBidlist Item No.Description Specification Section No. This Bid is submitted by the entity named below: BIDDER: BY: Patcon Services LLC PO Box 2423 TITLE: Weatherford, Tx 76086 DATE: 15 END OF SECTION Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS $30,473.46 UNIT V: STREET LIGHTING IMPROVEMENTS $16,501.75 UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS Total Construction Bid $46,975.21 Chase Patterson President Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the CONTRACT commences to run as provided in the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP  '$335(48$/,),&$7,2167$7(0(17 3DJHRI /dzK&&KZdtKZd, ^dEZKE^dZhd/KEWZYh>/&/d/KE^ddDEdʹs>KWZtZWZK:d^ ϬϬϰϱϭϮͺWƌĞƋƵĂůŝĨŝĐĂƚŝŽŶ^ƚĂƚĞŵĞŶƚϮϬϭϱͺWͲWdKE &ŽƌŵsĞƌƐŝŽŶ^ĞƉƚĞŵďĞƌϭ͕ϮϬϭϱ 6(&7,21 '$3±35(48$/,),&$7,2167$7(0(17 (DFK%LGGHULVUHTXLUHGWRFRPSOHWHWKHLQIRUPDWLRQEHORZE\LGHQWLI\LQJWKHSUHTXDOLILHGFRQWUDFWRUV DQGRUVXEFRQWUDFWRUVZKRPWKH\LQWHQGWRXWLOL]HIRUWKHPDMRUZRUNW\SH V OLVWHG,QWKH³0DMRU:RUN 7\SH´ER[SURYLGHWKHFRPSOHWHPDMRUZRUNW\SHDQGDFWXDOGHVFULSWLRQDVSURYLGHGE\WKH:DWHU 'HSDUWPHQWIRUZDWHUDQGVHZHUDQG73:IRUSDYLQJ 0DMRU:RUN7\SH &RQWUDFWRU6XEFRQWUDFWRU&RPSDQ\1DPH 3UHTXDOLILFDWLRQ ([SLUDWLRQ'DWH  7KHXQGHUVLJQHGKHUHE\FHUWLILHVWKDWWKHFRQWUDFWRUVDQGRUVXEFRQWUDFWRUVGHVFULEHGLQWKHWDEOHDERYH DUHFXUUHQWO\SUHTXDOLILHGIRUWKHZRUNW\SHVOLVWHG %,''(5 3$7&216(59,&(6//& %<&+$6(3$77(5621 32%2; :($7+(5)25'7; BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 6LJQDWXUH  7,7/(35(6,'(17 '$7( (1'2)6(&7,21 Water and Wastewater New Development Open Cut (12” and under) Patcon Services, LLC /3/202 -2025 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 2 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised April 2, 2014 SECTION 00 45 26 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 2 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker’s compensation insurance coverage for all of its employees employed on 5 City Project No. 105310. Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor’s certificates of 7 compliance with worker’s compensation coverage. 8 9 CONTRACTOR: 10 11 ___ Patcon Services LLC______________ By: __Chase Patterson______________________ 12 Company (Please Print) 13 14 ____PO Box 2423 __________________ Signature: __________________ ____________ 15 Address 16 17 _____Weatherford, TX 76086__________ Title: ______President___________________ 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 ___________________________________, known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the 28 same as the act and deed of ____________________________________ for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____________day of 32 _______________________, 20__. 33 34 35 __________________________________ 36 Chase Patterson Patcon Services, LLC 25 April 25 00 45 26 - 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 2 of 2 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised April 2, 2014 Notary Public in and for the State of Texas 1 2 END OF SECTION 3 4 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 6 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised June 16, 2016 SECTION 00 52 43 1 AGREEMENT 2 THIS AGREEMENT, authorized on ______________is made by and between the Developer, 3 Longvue Baptist Church, authorized to do business in Texas (“Developer”), and 4 ______________________________________________________________, authorized to do 5 business in Texas, acting by and through its duly authorized representative, (“Contractor”). 6 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, 7 agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for 10 the Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a 13 part is generally described as follows: 14 Water, Sewer, Paving, Drainage & Street Lighting Improvements to Serve Longvue Baptist 15 Church_ 16 _City project No. 105310____________________________________________________ 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within {__15___} working days after 23 the date when the Contract Time commences to run as provided in Paragraph 12.04 of 24 the Standard City Conditions of the Construction Contract for Developer Awarded 25 Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that 28 Developer will suffer financial loss if the Work is not completed within the times 29 specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance 30 4/25/2025 Patcon Services, LC 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 6 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised June 16, 2016 with Article 10 of the Standard City Conditions of the Construction Contract for 31 Developer Awarded Projects. The Contractor also recognizes the delays, expense 32 and difficulties involved in proving in a legal proceeding the actual loss suffered by 33 the Developer if the Work is not completed on time. Accordingly, instead of requiring 34 any such proof , Contractor agrees that as liquidated damages for delay (but not as 35 a penalty), Contractor shall pay Developer Three Hundred Fifty and 00/100 Dollars 36 ($ 350.00 ) for each day that expires after the time specified in Paragraph 3.2 for 37 Final Acceptance until the City issues the Final Letter of Acceptance. 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the 40 Contract Documents an amount in current funds of _Forty-Six Thousand Nine Hundred 41 Seventy-Five and 21/100__Dollars ($46,975.21). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between 45 Developer and Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker’s Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 6 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised June 16, 2016 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by 63 attachment or, if not attached, as incorporated by reference and described in 64 the Table of Contents of the Project’s Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract 70 Documents: 71 a. Notice to Proceed. 72 b. Field Orders. 73 c. Change Orders. 74 d. Letter of Final Acceptance. 75 76 77 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 6 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 105310 Revised June 16, 2016 Article 6. INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its 79 own expense, the city, its officers, servants and employees, from and against any 80 and all claims arising out of, or alleged to arise out of, the work and services to be 81 performed by the contractor, its officers, agents, employees, subcontractors, 82 licenses or invitees under this contract. This indemnification provision is 83 specifically intended to operate and be effective even if it is alleged or proven that 84 all or some of the damages being sought were caused, in whole or in part, by any 85 act, omission or negligence of the city. This indemnity provision is intended to 86 include, without limitation, indemnity for costs, expenses and legal fees incurred 87 by the city in defending against such claims and causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own 90 expense, the city, its officers, servants and employees, from and against any and 91 all loss, damage or destruction of property of the city, arising out of, or alleged to 92 arise out of, the work and services to be performed by the contractor, its officers, 93 agents, employees, subcontractors, licensees or invitees under this contract. 94 This indemnification provision is specifically intended to operate and be effective 95 even if it is alleged or proven that all or some of the damages being sought were 96 caused, in whole or in part, by any act, omission or negligence of the city. 97 98 Article 7. MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions 101 of the Construction Contract for Developer Awarded Projects. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the Developer. 105 7.3 Successors and Assigns. 106 Developer and Contractor each binds itself, its partners, successors, assigns and 107 legal representatives to the other party hereto, in respect to all covenants, 108 agreements and obligations contained in the Contract Documents. 109 005243-5 Developer Awarded Project Agreement Page 5 of 6 110 111 112 113 114 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutionat, 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 DEVELOPER and CONTRACTOR. 115 7.5 Governing Law and Venue. 116 This Agreement, including all of the Contract Documents is performable in the State 117 of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for 118 the Northern District of Texas, Fort Worth Division. 119 120 121 122 123 124 125 126 127 128 7.6 Authorityto Sign. Contractor shalt attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: Patcon Services LLC By: ignature) Chase Patterson Developer: Lon�vue Baptist Church By: _ � (Signature) Bryan Fisher CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS Revised June 16, 2016 Longvue Baptist Chu�ch 105310 005243-6 Developer Awarded Project Agreement Page 6 of 6 129 Chase Patterson (Printed Name) Title: President Company Name: Patcon Services LLC Address: PO Box 2423 CitylStatelZip: Weatherford, Tx 76086 4I25/25 Date %��' f a.� tri .� � e �� (Printed Name) Title: Pastor Company name: Longvue Baptist Church Address: 3420 Longvue Avenue CitylStateJZip: Fort Worth, Tx 76116 �- i3- a� Date CITY OF FORT WORTH Longvue Baptist Church STANDARD CONS7RUCTION SPECIFICATION DOCUMENTS- DEVELOPER AWARDED PROJECTS 705310 Revised June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olicy Number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oosz�a-� PEF[FORMANCE [30N17 Page 1 of 4 Bond number: L26�22Q-2127 1 2 3 4 5 6 7 8 9 10 THE 57ATE OF TEXAS COUNTY OF TARI�ANT SECTION 0052'C3 WER�ORMANC� BOND W � ICNOW ALL BY THESE ARESENTS: � Thatwe, L�tcon Services. L�C , known as "Principal" herein �nd.�Lexir�gtan Nafional Insurance Corparation , a corporate surety(sureties, i� more than one) duly a�thoriz�d to do business in the State of Texas, I<r�own as "Surety" 11 herein (whether or�e or more), are held and firmly baund unto t�e D�veloper, t,ongvue 12 �aptist Church, authoriz�d to dv business in Texas ("De�eloper") and the City pf FortlNprth, 13 a Texas rnunicipal corporaCion ("City"), in the penal surn ofi, Forty-Six Triousand Nine 14 Hundred 5ev�nC�i-Fi�e and 21/100 Dollars � 46,�Z5.21 j, lawful maney of the Llnit�ci 15 States, ta be paid in Fart Worth, 7arrant County, Texas far the payment of which sum well 16 and truly to be made jointly unto the Dev�loper and the City as dual obligees, we �ind 17 1$ 19 20 21 22 23 24 25 26 27 aurselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly bythese presents. WH�REAS, Dev�loper and City haue entered into an Agreement for the construction of community facilities in the City of Fort Warth by and through a Cammunity Facilities Agreement, CFA Number C�A25-0016;ar�d WH�REAS, the Principai has entereci into a certain written contract with the �evelo�er awarded the17th day of March ��p25 , which Contract is hereby referred to and made a part hereof for all purposes as if fu[ly set forth herein, tn furnis� all materiaLs, equipment labnr and ather accessaries defined by law, in the prosecution of the Worl<, including any Change Orders, as provided far ir� safd Contract designated as Water, Sewer, Paving, Drainage & Str�et Lighting Improv�ments to serve L.on�ue Baptist Cht�rch. CITY OF FORTWOftTH 5TANDARb CITY CONC�ITIONS - pEVELOPER AWARDED PROIECTS iievised January 31, 2012 Longvue 8aptist Church 105310 D06213-2 PERFOFiMAf�CE BdN� Page 2 of 4 1 2 3 4 5 6 7 NDW, "fHEFiEFORE, �he cpndition of this obligation is such �hat if the said Principal shal[ faiChfully perform it obligations under the Contract and si�all in aL� respects cluly and faithfuUy perform the Wark, including Change Orders, under the Cantract, according to the plans, specifications, and contract documents therein r�ferred ta, and as well duri�g any period af extension of the Contract that may be granted an the part of the L7evelaper and/pr City, then t�is ob[igation shall be and �ecome null and void, otherwise to remain in fu[l farce and effect. 8 PR4VIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 9 Tarrant County, Texas or the United States District Court for the Nor�hern District of Texas, 'f 0 Fort Worth Div[sion. 11 This band is made and executed in compliance with the prnvisions af Chapter 2253 12 of the Texas Government Code, as amended, and all liabilities on this bond shall be 13 determined in accordance with t1�e provisions of said statue. 14 IN WITN�SS WHEREO�, the Principal and the Surety have SIGN�Q and SEALE� this 15 instrument by duly authorized ag�nts and officers an this the �nd day of ��� _ 16 , 20 25 . 17 18 19 20 21 22 ATT�ST: 23 24 25 (Principa!) Secretary 26 CITY �F FORT WORTH 51"ANbARD CITY CONDITIQNS- DEV�L.OPER AWARDED PROJEC75 Revised January 39, 2012 PRINCIPAL: Patcon Services. LLC BY: � 5ignature Chase P�ttersan. President Name and Title Longvue Baptist Church T05310 006213-3 PERFORMANCE BO1VD Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '[ 6 'i 7 18 19 20 21 22 23 24 `�i� �Y�' Witness as to Principal Address: �PO Box 2423 Weatherford. TX 76086 SURETY: Lexington National Insurance Corporation � � � BY: Si�fiature �� U Witness as to Surety CITY OF FORT WORThf STANUARD CITY CON[]ITIONS - DEVCLOPER AWAR€��[] PROJEGTS Revised lanuary 31, 2Q12 Zach MefFer�, Attorney-in-Fact Narne and Title Address: ��426 York Road, 2r�d Floor Cock�ysville, Maryland 2103D Telephone Number: �$�-$$$-2245 �.or�gvue 8aptrst Cf�urch �05310 006213-4 PERFDiiMANCEBOND Pag� 4 of �4 1 *Note: If signed by an officer of th� �urety C�mpany, there must be on file a 2 certifiied extract from the by-Laws showing that this person has authority tn 3 sign such obligation. If Surety's physical address is different �rom its 4 mailing address, both must be provided. 5 6 The date af the bnnd shall nat be prior to the date the Co�tract is awarded. i CITY OF FORF WORTH Longvue Baptist Church STANDARD CI'fY CONDITIONS—[?EVELOPER AWARpEp PROlECTS 905390 Revised J�nuary 31, 2Al2 00621A-1 PAYMENTBOND P�age 1 of 4 Bond number: L.Zfi522Q-2127 1 2 3 4 5 6 7 8 9 10 11 'I 2 13 14 15 16 17 1$ SCCTION OU 5214 PAYMENT B�NEI TNE STATE OF TEXAS COUNTY OF TARRANT � � KNOW ALL BY THESE PR�SENfS: � That we, __ Patcan Services. L�C , knpwn as "Principal" Fterein, �n� Lexington National Insurance Corporation ,� corparate surety ( or sureties if more than nne), duly autharized to do husiness in the State qf Texas, knawn as "Surety" her�in (whether ane or more}, are hetd and firmly bpund unto the Developer, Longvue Baptist Church, authorized to do business in Texas "(Devetaper"), and the City of Fort Worth, a Texas municipal cor�aration ("City"), in the penal sum of Fortv-Six Thousand Nine Hundred Seventv-Five and 21/1 �Q_ ___ Dqllars l$46.975.211, la+�vful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment af which sum well and truly be made joinfily unto t�e Develaper and the City as dual obligees, we bin� ourselves, o�r h�irs, executors, administrators, successors and assigns, jointly and sev�rally, firmty �ythese pr�sents: 19 WH�R�AS, Developer and City har�e entered intp an Agreement for the constructian 20 of community facilities in the City ofi �'ort WorCh, by and throu�h a Community Facilities 21 Agreernent, CFA Number CFA25-0016;and 22 23 24 25 26 27 WHEREAS, Principal has entered inta a cert�in wri�tten Cpntract with Developer, �W�r��� ��� 17�h ��y a� March . 20,2�, w�ich Contract is hereby referred ta and made a part hereof for all purposes as if fully set farth herein, to furnisf� all rnaterials, equipment, labor and other accessaries as defined by law, in th� prqsecution of t�� Work as providec� for in said Cor�tract ancf designated as Wat�r, 5ewer, Pav[ng, �rainage & Street l,ighting Improvements to serve Longvue Baptist Ghurch. CITY OF FORT WORTH 51'ANDARD Cl'CYCONDITIONS—REVE4QPER AWARDED PROJECTS Revised January3l, 2012 Longvue 8aptist Churci� 7i 006214-2 PAYMENTBOND Page 2 of 4 1 2 � 4 5 NOW, TH�R�F�RE, THE CONDITION OF THIS OBLIGAI"ION is such that if Principal shalf pay atl monies awing to any (and allj payment bond bene�iciary (as defined in Chapter 2253 of the Texas GovernmenC Code, as amended) in the prosecution af the Work under the Cantract, then this obligatian shall be and become null and vaici; atherwise to remain in ful� force and effect. & This bond is made and executed in compliance with the provisions af Chapter 2253 7 of the %xas Government Code, as amended, artd all liabilities on this bond shall be 8 determined in accordance with the pravisions of said statute. 9 IN WITN�SS WH�REOF, the Princ�pal and Surety have each SIGN�D and SEALED 10 this insCrument by ciuly auChorized agents and officers on this the 2nd day af 11 May , 2p25 _. 12 ATTEST: Chase Pattsrson. President (Principal) Secretary Weatherford. Tx 76086 __ Witn�ss as ta Principat PRINC{PAI�: Patcon 5ervices,. LLC BY: � Signature Name and Titl� Address: PO Bc�x 2423 CITV OF FORT WORTH STANbARD CITY CON�1TIbN5 - bEV�LOPER AWARDED PRO1�Ci5 Revised January39, 2012 Longvue 8aptist Church 1i 006214-5 PAYMENT B�ND Page 3 ai 4 ATTEST; �ill_1 (Surety) Secretary � Witness as to Surety 1 S U R�TY: Lexir�gton National Insuranc� Cor��rati�rr ; Zach Mefferd, Attorney-in-Fact Name and Title Address: 1'i426 York Road, 2nd Floor Cockeysvilie, Maryland 21030 Telephone Number: 88_8-888-224�_ 2 Nate: If signed by ar� of�icer of the 5urety, there must be an file a certified extract 3 from the bylaws showing that this person has authority to sign such abligatian, If � Surety's physical addr�ss is different from its mailing address, both must be 5 provided. 0 7' The date af the band shaEl not be prinr ta �he date the Contract is awarded. :� En�n o� s�c�rioti CITY OF FORT WORTH Longvue 8aptist Church STRNDARD CITY CONDI�'lONS--�?EVELOPER AWA�i�ED pR�1ECTS q� Revised fanu�ry 31, 2012 00621�J-1 MAINTENANCE BCIND Page 1 of A Bond Number. L2652�Q-2127 � 2 3 4 5 6 7 : 0 10 S�C1"14N 00 6219 MAINI"ENANCE BOND TH E STATE �F TEXAS � � KNOW ALL BY THESE PRESENTS: COUNTY DF TARRANT � That w� Patcnn 5ervices. LL.0 , knawn as "Principal" herein �,�d L,exir�gton National Insurance Carporation , a corporate surety (sureties, if more than arte) duly authorized to do business in the State of Texas, known as "Sur�ty" 11 herein (whether one or more), ar� held and #irmly bound unto the Develaper, l.ang�u� '12 Baptist Churci�, authorized to do business in Texas ("Developer") and the City of Fort Worth, 13 a%xas municipal corporation ("City"), in the sum ofi ForCy-Six Thousand Nine Hundred 1 A� Se�enty-Five and 21/100 __ Dollars I,$46.975.21), lawful money of the United States, to b� 15 16 17 18 19 20 21 22 23 24 paid in Fort Worth, Tarrant Gounty, Texas, for payment of which sum well and truly be made jointly unto the Develaper and the City as dual obligees anc� their successors, we bind ourselves, aur heirs, executors, administrators, successors and assigns, jqintly and severally, firmly by #hese presents. 11VH�R�AS, �ev�loper and City have entered into an Agreement for the construction of community facilities in the City of �ort Worth by and through a Cammunity Facilities Agreement, CFA Number CFA25-001�;and WH�R�AS, the Principal has erttered into a c�rtain written cor�tract with the Developer awarded the17th day of MarCh , 202� , which 25 Cor�tract is hereby referred to and a mad� part hereaf for all purposes as if fully set forth 26 herein, to furnish all materi�ls, ec�uipm�nt labor and other accessaries as defined by law, in 27 the prosecution of the Work, including any Worl< resulting from a duly authorized Change 28 Order (collecti�ely I�erein, the "Work") as provided for in said Contract and designated as CITY OF FORT WORTH Longvue S�ptist Ghurch i STANDAfiDCITYCQNDITIONS-DEVELpPERAWARbE�PROIECTS �i I Revised January 31, 2Q'k2 ; 006219-2 MAINTENANC� BOND Page 2 of 4 1 Water, Sewer, Paving, Drainage & Street Lighting [mpravemertts to se�ve Longvue Ba�tist 2 Church; and 3 WH�FiEAS, �rincipal binds itself ta use such materials and to so canstruct the Wor!< 4 in accordance with the plans, s�aecificatiorts and Contract Documents that the Worl< is and 5 will remain free from defecCs in materia[s orworkmanship for and duringthe �eriad of two 6 (2) years after the date of Finat Acceptance of the WorE< by the City ("Maintenanc� Period"); 7 and � 9 WHEREAS, Principa[ b�nds itself to repair or reconstr�ct the Worl< in whqle or in part 1 p upon receiving natice from the Dev�loper and/or Ciiy of the need thereof at any time within 1'I the Maintenance Periad. 12 13 NOW THEREFOR�, the conditinn of this abligation is such that if Principal shall � 4 remedy any def�ctive Work, for which timely r�atice was provided by Develaper ar City, fio a 15 compl�tion satisfactary to the City, then this obLigation shall ��cpm� null and vaid; 16 otherwiseto remain in fuLLfvrce and affect. 'f 7 18 PROVIDED, HOWEV£R, if Principa[ shal[ fail so to repair or recanstrucC any timely 19 notiaed defective Work, i# is agresd that the aev�loper or City may cause any and all such 20 defecti�e Work to be repairecf and/or reconstructed with all associated costs thereo� being 21 borne bythe Princi�al and the Surety underthis Maintenance Bond; and zz 23 PR�VIDED FU�!"fHER, that if any legal action be filed on this Bond, �enue shall lie in 24 Tarrant CaunCy, Texas ar t�e United States District Court for th� Northern District of Texas, 25 Fort Wvrth Di�isiart; and 26 CITY OF FDRT WORThI Longvue 9'aptisC Church STANDAf�D CkTY CONC11710N5 �- DEIlELOPER AWARD�b pRDJEC�S Zi Revis�d lanuary3l, 2012 006219-3 NiAfNTENANCE B4ND Paga 3 of A 1 PROVND�I] FURTHER, thatthis obligatian shall be continuous in nature and 2 successi�e reco�eries rnay b� had hereon for successive breaches. �3 4 IN WITNESS WH�R��F, the Principal and the 5ur�ty have each 51GN�D and SEA�.ED this 5 instrument by dialy autharized agents and n�fficers on this the 2n� day of _ 6 Mav , 2025 . 7 8 9 1Q 11 92 �3 14 15 A7T�ST: 16 17 18 (Pri�cipal} Secretary 19 20 21 22 23 �.�.�.��?��- 24 Witness as ta Pri�cipal PRINCIPAL: Patcon 5ervices. LLC BY: �'�_ � . Signature Chase Pattersnrt. President Name and Title Addr�ss PO Box 2423 WeatherFord. 7X 75086 CIN QF FORT WORI'H Longvue Baptist Church STAE�DARD CITY COND[T[ONS - D�V�LOPER AWAI2D�p pRQ1ECTS qt i Revised January 31, 2012 OD6219-4 MAINTENANCE BOE�D Page 4 of A 1 2 3 � 5 6 7 8 9 10 11 ATT�ST: 12 � � NIA 14 (Surety) Secretary 15 16 ,w�G �-�'" 17 itness as to Surety 18 SURETY: Lexingtan National lnsurance Corparatir�n � - BY: -��.. Signature Zach Mefferd, Attorney-in-Fact Nam� and Title Address: 11426 York Road, 2nd Floor Cockeysville, Maryiand 21030 7elephone Number:_S8$'��5-4191 19 *Note: If signed by an officer of the Surety Campany, there must be an file a 20 certified extrac� fram the by-laws showing that this person has authority to 21 sign such obligatian. ]f Surety's physical add�ess is different fram its 22 mailing address, bnth must be provfded. 23 24 The date nfi the bond shall not be priar to the date the Contract is awarded. 25 CITY OF FORT WORTI-i Longvue BaptrstChurch STANDARDCINCOND1710iVS-DEV�LOPEkAWARDEDPR�JECTS qi �I Revised lanuary 31, 2012 �. ,,, �,�XI�+�aTC}t*� NATI�1Na�. P.O. Box 6098 INSURANCE CORPORATION Lutherville, Marytand 21094 DUAL (3BLIGEE RIDER (Ta be attachect lu Aund at tinx of Issuance} TO BE ATTACHED TQ A\'D FORM PART OF Bond No. L265220-2127 , ��ted concurrently with the execution of d�is Rider, by Lexington National Insurance Corporatian behalf of Patcon Serv'tces, LLC as Principal, and in favor of Longvue Baptisf Church and City of Fort Worth , as Surety, on as �bligees. IT IS HEREBY UNDERSTOOD AND AGREED that the attached Bond is hereby amended to include the following: Natwithstanding anything contained herein to the contrary, there shall be no tiability an the part of the Principal or Surety under this Bond to the Obligees, or either of them, unless the Obligees, or either of the►n, shall make payments Eo the Principal, or to the Surety in case it a�ranges for completion of the Cantract upon default oF the Prn��ipal, strictly in accordance with the terms of said Contract as to payments, and shali perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. (n no event shall the liability of the Principal and the Surety to the Obligee, or either of them, in the aggregate, exceed the penal sum stated in the attached Band. IT TS FURTHER LTNDERSTQOD AND AGREED that notiiing contait�ed in tliis Rider shall be held to change, alter or vary the terms of the attached Bond except as set farth hereinabove. In the event of � contlict between tlie Band and this Rider, the parties agree that this Rider shail govern a��d control. All references ta the Bond, either in the Bond or in this Rider, shaU inciude and refer ta the Bond as suppiernet�ted and amended by tl�is Ridee. Except as provided by this Rider, all other Eerms and conditions of the 13ond remain in fiili force and effett. This Rider niay be executed in Cwo or more caunterparts, each of which shalt be deemed an originat, but whicl� togetber shall constitute one anci some instrument. SIGNED, SEALED AND DATED tl�is 2nd day of PRINCiP.4�: Patcon Services, LLC �ay , 2Q 25 Signature: __�—�i� Name and Title: Chase Patterson, President Agreed to aod accepted by: OSLiGEE: Lc�ngvue Saptist Church Signature: � .���� SURF,TY: Lexinqtan Nation�, Insurance Corporation _...r—= - _ . Si nature: ` i Zach Mefferd, Attorne��a-Fa�� , ;;���?�' °�•. 2 £- 2 `�C.9P �� }����� yoRt:Rb�w„,• OBLIGEE: City of Fart Worth Signature: Name and Titte: ;�.^/aH tiJN � i611f�s� Name and Title: IMPORTANT NOTICE —THIS POW ER OF AFTORN�1115 V01D IF "LNIC Original" WATERMARK IS NOT PRESE�i7 POWER OF 14TTORNEY Lexington National Insurance Corporation Lexington National Insurance Corporatlon, a corporation duly organized undar the laws of the State of FEorida and having Ifs principal administrative offica in Baltimore County, Maryland, does herehy make, constltute and appolnt: Zach Mefferd, �ach Matter, Hav€lah Watson, Jimmy Brown, Tina Bockholt, Tyler Webb, Isaac Wood as its true and lawful attorney-in-faot, each In their separale capacity, wlth full power and authority tp execute, acknow[edge, seal and deliver on its behalf as surety any bond or undertaking of �6.000.000 or less. This Power of Attorney is void lf used for any bond over that amount. This Power of Attorney is granted under and by authority oF the following rasolutions adopted by the Boar�l of Dlrectors of tha Company on February 16, 2018; Be it Resolved, that the CEO, President or any Vice-Presidant shall be and is hereby vested wlth full potk�r and autharity Eo appolnt sultable persons as Attorney-in-Faat to reprasent and act for and on behalf of She Company su6ject fo the following provlslons: Attorney-in-Fact may be given full power and authorify for and In the name of and on fhe b�half of the Coiiipany; to exacute, acknowledge and delivar any and all bonds, contracts, or IndemNly and other condltional or obligatory und�rtakings, including any and all consents for the release of refained percentages andlor final estimat�s on engine�.rfi'�g and canstruCtion contracts, and any all notices and documents cancelling or terminating the Cqmpany's liability thereurader ancl any such EnstrumArlts�so executed by any Attarney-In Fact shall be binding upan the Company as if signed by the Presiden! and sealed 6y the :Corporate Secretary. .� , RESOLVED further, tha# the signature of the CEO, Preslcferit.or any yice-Pr�s:ldent pf .tEXINGTON NATIONAL INSURANCE CORPORATION may be a4fixed hy facsimile lo any power of aLtorney, and the "signature of the Secreta"ry or any Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificale of such power;',or any such power or certificate bearing such facsimile slgnature or seal shall he valld and binding on the ComparlY. Any such power so exeCutad and sealed and certified by certificate so executed and sealed wllh respect to any bond to whlch ff Is attached contl�l�e to fie va11d an� binc#ing upbn lhe Company. . ;v: IN WITNESS WHEREOF, the Company have caused this �nslrumer�t to be signad and k�eir corp�rate seal to be herato afFixed. � i z . � � , nnuurrn, � - .. o`��p1�ONALlry �.. .. `���� 9B9 � '�= . ,. . ' .. `��� ,��c . . . �_ :_ ��r w�....v. a yti���w , � F{ppipP`��.; Ronald A. Frank, CEO State of Maryland County of Warfo�d Gounty, S5; Before me, a notary public, personally appeared, Rona7c� A. Frank, CEO of Lexington National ]nsurance Corporation, who proved to me on the basis of sakisfactory eVidence fo be the persdn whose name Is subscri6ed to the within instrument and acknowledged to me that he executed the same in his capacity,�and tha� by his signafure on lhe instrument the person, or the entity upon behalf of whlch the person acfed, executeci the Instrument. I certify under the P�NALTY of PERJURY under the laws of the State of iV�aryland thet khe foregoing paragraph is true and corrept. WITN�SS nny hand and offlcial seal. Commission �xpires: 0118128 � ^w��6CH�"'^' h- ' W.-....�•gA / /f w�,,�tipiARj;�}l� f� �/i.�!%�'f/ '."` ' "'� a� n��mrwii� Jm �� puas.�u� ��a�� 0�8f'j/ "%,�Ro cOuc�.�' I, Lisa R, Slater, Secretary of Lexington National Insurance Corporation, do here6y certify that the ahove and foregoing is true and correct copy of a Power of ALEomey, executed by said company, whlch is still in full force ar�d effect; furthermore, the resolutfons of the Boards af Direotors, set out In ihe Power of Attorney ara in full force and effect. I�Witness V4lhereof,��hereunto set my hand and affixed the s�al of said Compan at Baltimore, Maryland thls�� day of C�rale 5eal: � C,� Lisa R. $later, Secretary F:IInIcWower of At6am�.y f4�n CS 2021 w�Yh Watere�mrk 5�51 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology ........................................................................................................... 1 1.01 Defined Terms ................................................................................................................................ 1 1.02 Terminology ................................................................................................................................... 6 Article 2 – Preliminary Matters ..................................................................................................................... 7 2.01 Copies of Documents ................................................................................................................ 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................. 7 2.03 Starting the Work ........................................................................................................................... 8 2.04 Before Starting Construction .................................................................................................... 8 2.05 Preconstruction Conference ........................................................................................................... 8 2.06 Public Meeting ............................................................................................................................... 8 2.07 Initial Acceptance of Schedules ................................................................................................ 8 Article 3 – Contract Documents: Intent, Amending, Reuse .......................................................................... 8 3.01 Intent ........................................................................................................................................ 8 3.02 Reference Standards ................................................................................................................. 9 3.03 Reporting and Resolving Discrepancies ........................................................................................ 9 3.04 Amending and Supplementing Contract Documents ..................................................................10 3.05 Reuse of Documents .................................................................................................................... 10 3.06 Electronic Data ....................................................................................................................... 11 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ....................................................................................................... 11 4.01 Availability of Lands .............................................................................................................. 11 4.02 Subsurface and Physical Conditions ....................................................................................... 12 4.03 Differing Subsurface or Physical Conditions .......................................................................... 12 4.04 Underground Facilities ..................................................................................................................... 13 4.05 Reference Points ..................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site ........................................................................... 14 Article 5 – Bonds and Insurance....................................................................................................................... 16 5.01 Licensed Sureties and Insurers ................................................................................................ 16 5.02 Performance, Payment, and Maintenance Bonds .................................................................... 16 5.03 Certificates of Insurance .............................................................................................................. 16 5.04 Contractor’s Insurance ............................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 19 Article 6 – Contractor’s Responsibilities ......................................................................................................... 19 6.01 Supervision and Superintendence ........................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 6.02 Labor; Working Hours ............................................................................................................ 20 6.03 Services, Materials, and Equipment ............................................................................................ 20 6.04 Project Schedule ........................................................................................................................... 21 6.05 Substitutes and “Or-Equals” ........................................................................................................ 21 6.06 Concerning Subcontractors, Suppliers, and Others ................................................................. 24 6.07 Wage Rates ............................................................................................................................. 25 6.08 Patent Fees and Royalties ................................................................................................................. 26 6.09 Permits and Utilities ..................................................................................................................... 27 6.10 Laws and Regulations .................................................................................................................. 27 6.11 Taxes ...................................................................................................................................... 28 6.12 Use of Site and Other Areas .................................................................................................... 28 6.13 Record Documents ....................................................................................................................... 29 6.14 Safety and Protection .............................................................................................................. 29 6.15 Safety Representative ................................................................................................................... 30 6.16 Hazard Communication Programs ............................................................................................... 30 6.17 Emergencies and/or Rectification ................................................................................................ 30 6.18 Submittals ..................................................................................................................................... 31 6.19 Continuing the Work .................................................................................................................... 32 6.20 Contractor’s General Warranty and Guarantee....................................................................... 32 6.21 Indemnification .......................................................................................................................... 33 6.22 Delegation of Professional Design Services ............................................................................... 34 6.23 Right to Audit .................................................................................................................................... 34 6.24 Nondiscrimination ........................................................................................................................ 35 Article 7 – Other Work at the Site ............................................................................................................... 35 7.01 Related Work at Site .................................................................................................................... 35 7.02 Coordination ........................................................................................................................... 36 Article 8 – City’s Responsibilities .................................................................................................................... 36 8.01 Communications to Contractor .................................................................................................... 36 8.02 Furnish Data............................................................................................................................ 36 8.03 Pay When Due ........................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests ............................................................................... 36 8.05 Change Orders ........................................................................................................................ 36 8.06 Inspections, Tests, and Approvals ...............................................................................................36 8.07 Limitations on City’s Responsibilities .........................................................................................37 8.08 Undisclosed Hazardous Environmental Condition .................................................................. 37 8.09 Compliance with Safety Program ........................................................................................... 37 Article 9 – City’s Observation Status During Construction ........................................................................ 37 9.01 City’s Project Manager ............................................................................................................... 37 9.02 Visits to Site ............................................................................................................................ 37 9.03 Authorized Variations in Work ....................................................................................................38 9.04 Rejecting Defective Work ...................................................................................................... 38 9.05 Determinations for Work Performed ...........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 Article 10 – Changes in the Work; Claims; Extra Work .................................................................................38 10.01 Authorized Changes in the Work ................................................................................................ 38 10.02 Unauthorized Changes in the Work ............................................................................................ 39 10.03 Execution of Change Orders ................................................................................................... 39 10.04 Extra Work ................................................................................................................................... 39 10.05 Notification to Surety .............................................................................................................. 39 10.06 Contract Claims Process ......................................................................................................... 40 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost of the Work ..................................................................................................................... 41 11.02 Allowances ................................................................................................................................... 43 11.03 Unit Price Work ...................................................................................................................... 44 11.04 Plans Quantity Measurement ....................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Time ..................................................................... 46 12.01 Change of Contract Price ............................................................................................................. 46 12.02 Change of Contract Time .................................................................................................................. 47 12.03 Delays ................................................................................................................................................. 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 48 13.01 Notice of Defects .................................................................................................................... 48 13.02 Access to Work ............................................................................................................................ 48 13.03 Tests and Inspections ................................................................................................................... 48 13.04 Uncovering Work ................................................................................................................... 49 13.05 City May Stop the Work .............................................................................................................. 49 13.06 Correction or Removal of Defective Work .............................................................................. 50 13.07 Correction Period .................................................................................................................... 50 13.08 Acceptance of Defective Work ............................................................................................... 51 13.09 City May Correct Defective Work .......................................................................................... 51 Article 14 – Payments to Contractor and Completion ..................................................................................... 52 14.01 Schedule of Values ....................................................................................................................... 52 14.02 Progress Payments ....................................................................................................................... 52 14.03 Contractor’s Warranty of Title ..................................................................................................... 54 14.04 Partial Utilization .................................................................................................................... 55 14.05 Final Inspection ...................................................................................................................... 55 14.06 Final Acceptance .................................................................................................................... 55 14.07 Final Payment ............................................................................................................................... 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ............................................................................................................................... 57 Article 15 – Suspension of Work and Termination .......................................................................................... 57 15.01 City May Suspend Work ............................................................................................................. 57 15.02 City May Terminate for Cause .................................................................................................... 58 15.03 City May Terminate For Convenience ........................................................................................ 60 Article 16 – Dispute Resolution ....................................................................................................................... 61 16.01 Methods and Procedures ........................................................................................................ 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 Article 17 – Miscellaneous ............................................................................................................................... 62 17.01 Giving Notice ......................................................................................................................... 62 17.02 Computation of Times .................................................................................................................. 62 17.03 Cumulative Remedies .................................................................................................................. 62 17.04 Survival of Obligations ................................................................................................................ 63 17.05 Headings ....................................................................................................................................... 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 12. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 24. Damage Claims – A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services – The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development – The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department – The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work – Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance – The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 37. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements—Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item – An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs—Polychlorinated biphenyls. 48. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 49. Plans – See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 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.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. D. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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 the Public Meeting if 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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 at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City’s own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 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 Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Business Enterprise Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 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 (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Affadavit. Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code related to paying prevailing wage rates on completion of the project. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an 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: https://comptroller.texas.gov/taxes/permit/ 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 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 to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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 contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City’s Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City’s Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant’s last submittal (unless Contract allows additional time). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 41 of 63 D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor’s Fee: The Contractor’s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 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: 3/08/2024 00 72 00 - 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be 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: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is Subst ant ia l ly Complete in accordance with the Contract Documents: 1. Within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective (“Punch List Items”). Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification to the City of Substantial Completion and the date of Final Inspection. 1. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments for employees, subcontractors, and suppliers; and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work . B. Payment Becomes Due: 1. After City’s acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 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 liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 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: 3/08/2024 00 72 00 - 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. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 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: 3/08/2024 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.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 72 00 - 1 GENERAL CONDITIONS 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. 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, “Resolving Discrepancies” Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., “Availability of Lands” The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of: 03/09/2025 Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL NUMBER OWNER TARGET DATE OF POSSESSION NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, “Availability of Lands” 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 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 03/09/2025 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., “Subsurface and Physical Conditions” The following are reports of explorations and tests of subsurface conditions at the site of the Work: A GEOTECHNICAL EXPLORATION Report No. _W232964__, dated _01/12/2024, prepared by Alpha Testing. 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: Baird, Hampton, and Brown (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” 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., “Contractor’s Insurance” 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., “Contractor’s Insurance” The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks NONE The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: 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 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., “Project Schedule” Project schedule shall be tier 1 for the project. SC-6.07 A.., “Duty to pay Prevailing Wage Rates” The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: A copy of the table is also available by accessing the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ 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” 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of : 03/09/2025 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-6.24B., “Title VI, Civil Rights Act of 1964 as amended” During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., “Coordination” The individuals or entities listed below have contracts with the City for the performance of other work at the Site: None Vendor Scope of Work Coordination Authority SC-8.01, “Communications to Contractor” SC-9.01., “City’s Project Manager” The City’s Project Manager for this Contract is Ram Tiwari, or his/her successor pursuant to written notification from the Director of Development Services 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. Magaña SC-6.07, Updated the link such that files can be accessed via the City’s website. 00 73 00 SUPPLEMENTARY CONDITIONS Page 7 of 7 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised March 8, 2024 10/06/23 Michael Owen SC-6.07, Allow affidavit regarding paying prevailing wages to be submitted on completion of job, as opposed to with each progress report 3/08/24 Michael Owen Removed revisions related to affidavit, as those changes have been made in General Conditions CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology........................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ......................................................................................................... 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ...................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents ................................................................... 6 Article 4 – Bonds and Insurance ........................................................................................................................ 7 4.01 Licensed Sureties and Insurers ...................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ......................................................................... 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ......................................................................................................... 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ...................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others .................................................................... 16 5.08 Wage Rates .................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas........................................................................................................ 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative .................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services ............................................................................... 24 5.20 Right to Audit: ............................................................................................................................. 25 5.21 Nondiscrimination. ...................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities. ................................................................................................................. 26 7.01 Inspections, Tests, and Approvals ................................................................................................... 26 7.02 Limitations on City’s Responsibilities ........................................................................................ 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ............................................................................ 27 8.01 City’s Project Representative ...................................................................................................... 27 8.02 Authorized Variations in Work ................................................................................................... 27 8.03 Rejecting Defective Work ...................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work................................................................................................ 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................. 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time ............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work .................................................................................................................. 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ............................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title .................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work ..................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................. 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 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. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. 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. 3. 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. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. 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. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. 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. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. 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. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, 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. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, 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. 23. Plans – See definition of Drawings. 24. 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. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. 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. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer 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 or Developer which are designated for the use of Contractor. 32. 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. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. 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. 35. 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. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. 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. 39. 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. 40. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. 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 Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. 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. D. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 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. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 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 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. 3.02 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 Participating Change Order or a Non-Participating 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; CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 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 coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, 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 the name of Developer and City 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 4.02.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 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 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 these Standard City Conditions. 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. 6. 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. 7. 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. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. 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 CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. 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. 11. 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. 12. 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. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 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. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other 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. 1. 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 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. 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. 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. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage 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 following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: NONE 2. 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. 3. 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: a. General Aggregate: NONE b. Each Occurrence: : NONE 4. With respect to the above outlined insurance requirements, the following shall govern: a. 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. b. 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- CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. 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. d. 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. 5. 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. 6. 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. 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. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or 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 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. 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. 5.02 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. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 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. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 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 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. 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; iii. 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: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 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 5.05.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 5.05.A and 5.05.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 5.05.A.2 and 5.05.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. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 Required for this Contract. X Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. 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. B. 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: 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. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. 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 these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. X Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 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 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 3.01. 5.11 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 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. 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 5.18, 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 or Developer, 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 shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. 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. 5.12 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 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. 5.13 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 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 5.13.A.2 or 5.13.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. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 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. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.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 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 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. 5.17 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 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 or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 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 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, 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 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. 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. C. 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 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. D. 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. 5.21 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 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 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 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 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 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 Participating 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 on a project with City participation, a Field Order may be issued by the City. 9.02 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. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 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. 11.02 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. 11.03 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 approved by 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 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance 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. 11.04 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. 11.05 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 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 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 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, 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 and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 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 11.06.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 and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 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 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 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. 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 upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. 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. 5. 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. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 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 stop contract time on City participation projects. 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 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 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. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 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. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 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. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 105310 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 105310 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 105310 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 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 A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Lomgvue Baptist Church 105310 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Lomgvue Baptist Church 105310 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Lomgvue Baptist Church 105310 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 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] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 Longvue Baptist Church 105310 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Longvue Baptist Church 105310 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Longvue Baptist Church 105310 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised July 1, 2011 Longvue Baptist Church 105310 B. Modified SWPPP 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 58 13 - 1 DAP TEMPORARY PROJECT SIGNAGE Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [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 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City’s Standard Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 58 13 - 2 DAP TEMPORARY PROJECT SIGNAGE Page 2 of 3 B. Materials 1. Sign a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 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 A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 58 13 - 3 DAP TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M. Domenech Revised for DAP application 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Longvue Baptist Church 105310 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 Longvue Baptist Church 105310 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [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 AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 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 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 74 23 - 2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 74 23 - 3 DAP CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 74 23 - 4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [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 4/7/2014 M.Domenech Revised for DAP application 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 Longvue Baptist Church 105310 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 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 4/7/2014 M.Domenech Revised for DAP Application CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised July 1, 2011 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 CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised July 1, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised July 1, 2011 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK GEOTECHNICAL EXPLORATION LONGVUE BAPTIST CHURCH Off Old Weatherford Road Fort Worth, Texas ALPHA Report No. W232964 January 12, 2024 Prepared for: SCOTT MARTSOLF ARCHITECT, INC. 815 West Dagget Avenue Fort Worth, Texas 76104 Attention: Mr. Scott Martsolf, AIA Prepared By: Geotechnical Construction Materials Environmental TBPE Firm No. 813 5058 Brush Creek Road Fort Worth, Texas 76119 Tel: 817-496-5600 Fax: 817-496-5608 www.alphatesting.com January 12, 2024 Scott Martsolf Architect, Inc. 815 West Dagget Avenue Fort Worth, Texas 76104 Attention: Mr. Scott Martsolf, AIA Re: Geotechnical Exploration Longvue Baptist Church Off Old Weatherford Road Fort Worth, Texas ALPHA Report No. W232964 Attached is the report of the geotechnical exploration performed for the project referenced above. This study was authorized by Mr. Scott Martsolf on October 25, 2023 and performed in accordance with ALPHA Proposal No. 100704, dated October 12, 2023. This report contains results of field explorations and laboratory testing and an engineering interpretation of these with respect to available project characteristics. The results and analyses were used to develop design recommendations to aid design and construction of foundations and pavement. ALPHA TESTING, LLC appreciates the opportunity to be of service on this project. If we can be of further assistance, such as providing materials testing during construction, please contact our office. Sincerely, ALPHA TESTING, LLC January 12, 2024 Karina Cohuo Gregory S. Fagan, P.E. Geotechnical Project Manager Senior Geotechnical Engineer KC/GSF-BJH/eg Copies: (1-PDF) Client TABLE OF CONTENTS ALPHA REPORT NO. W232964 PURPOSE AND SCOPE .................................................................................................1 PROJECT CHARACTERISTICS ....................................................................................1 FIELD EXPLORATION .................................................................................................2 LABORATORY TESTS .................................................................................................2 GENERAL SUBSURFACE CONDITIONS ....................................................................2 DESIGN RECOMMENDATIONS ..................................................................................3 6.1 Existing fill ..........................................................................................................3 6.2 Drilled and Underreamed Piers ............................................................................4 6.3 Floor Slabs and Potential Seasonal Movements ....................................................5 6.3.1 Subgrade Improvement Using Moisture Conditioning ...............................6 6.4 Slab-on-Grade Foundation (Alternative) ..............................................................7 6.4.1 Post-Tensioning Institute, Design of Post-Tensioned Slab-on-Grade .........8 6.4.2 WRI, Slab-on-Grade Foundation System ..................................................8 6.5 Exterior Flatwork .................................................................................................8 6.6 Seismic Considerations ........................................................................................8 6.7 Pavement .............................................................................................................9 6.7.1 Pavement Subgrade Preparation ................................................................9 6.7.2 Portland Cement Concrete (PCC) Pavement ........................................... 10 6.8 Drainage and Other Considerations .................................................................... 11 GENERAL CONSTRUCTION PROCEDURES AND GUIDELINES .......................... 12 7.1 Site Preparation and Grading .............................................................................. 12 7.2 Foundation Excavations ..................................................................................... 13 7.3 Fill Compaction ................................................................................................. 14 7.4 Utilities .............................................................................................................. 15 7.5 Groundwater ...................................................................................................... 16 LIMITATIONS ............................................................................................................. 16 APPENDIX A-1 Methods of Field Exploration Boring Location Plan – Figure 1 B-1 Methods of Laboratory Testing Logs of Borings Key to Soil Symbols and Classifications ALPHA Report No. W232964 1 PURPOSE AND SCOPE The purpose of this geotechnical exploration is for ALPHA TESTING, LLC (ALPHA) to evaluate for Scott Martsolf Architect, Inc. (Client), some of the physical and engineering properties of subsurface materials from selected locations on the subject site with respect to formulation of appropriate geotechnical design parameters for the proposed construction. The field exploration was accomplished by securing subsurface samples from widely spaced test borings performed at the site. Engineering analyses were performed from results of the field exploration and results of laboratory tests conducted on representative samples. Also included are general comments pertaining to reasonably anticipated construction problems and recommendations concerning earthwork and quality control testing during construction. This information can be used to evaluate subsurface conditions and to aid in ascertaining construction meets project specifications. Recommendations provided in this report were developed from information obtained in test borings depicting subsurface conditions only at the specific boring locations and at the particular time designated on the logs. Subsurface conditions at other locations may differ from those observed at the boring locations, and subsurface conditions at boring locations may vary at different times of the year. The scope of work may not fully define the variability of subsurface materials and conditions that are present on the site. The nature and extent of variations between borings may not become evident until construction. If significant variations then appear evident, our office should be contacted to re-evaluate our recommendations after performing on-site observations and possibly other tests. PROJECT CHARACTERISTICS We understand the project will consist of a new single story building and pavement for associated parking and drives. The site is generally located south of Old Weatherford Road, about 200 ft east of the intersection with Rolling Creek Run, in Fort Worth, Texas. A site plan illustrating the general outline of the property is provided in Figure 1, the Boring Location Plan, in the Appendix. At the time of our field exploration, the site consisted of an undeveloped tract of land with scattered trees. Based on review of aerial photography available from Google Earth®, earthwork activities were performed at the site. No information regarding previous development on site was provided to us. A site plan with a topographic survey prepared by Baird, Hampton & Brown (dated August 28, 2023) indicate the site generally slopes down to the south about 7 ft (Appx. Elev. 871 ft to Appx. Elev. 864 ft). A finished floor elevation was not provided to us for this study. For the purpose of our analysis, we have assumed maximum cuts and fills of 2 ft to achieve final grades in the building pad area. We understand the building will be designed for about 1 inch of post-construction seasonal movement. No below grade slabs are planned. Pavement will consist of portland cement concrete (PCC). Grading plans were not provided to us for this study. ALPHA Report No. W232964 2 FIELD EXPLORATION Subsurface conditions on the site were explored by drilling a total of three (3) test borings. One (1) test boring was drilled to a depth of about 30 ft, one (1) test boring was drilled to a depth of about 25 ft, and one (1) test boring was drilled to a depth of about 5 ft. T he test borings were performed in general accordance with ASTM D 420 using standard rotary drilling equipment. The approximate location of each test boring is shown on the Boring Location Plan, Figure 1, enclosed in the Appendix. Details of drilling and sampling operations are briefly summarized in Methods of Field Exploration, Section A-1 of the Appendix. Subsurface types encountered during the field exploration are presented on the Log of Boring sheets (boring logs) included in the Appendix. The boring logs contain our Field Technician's and Engineer's interpretation of conditions believed to exist between actual samples retrieved. Therefore, the boring logs contain both factual and interpretive information. Lines delineating subsurface strata on the boring logs are approximate and the actual transition between strata may be gradual. LABORATORY TESTS Selected samples of the subsurface materials were tested in the laboratory to evaluate their engineering properties as a basis in providing recommendations for foundation design and earthwork construction. A brief description of testing procedures used in the laboratory can be found in Methods of Laboratory Testing, Section B-1 of the Appendix. Individual test results are presented on Log of Boring sheets in the Appendix. GENERAL SUBSURFACE CONDITIONS Based on geological atlas maps available from the Bureau of Economic Geology, published by the University of Texas at Austin, the project site lies within the Kiamichi formation. The Kiamichi formation generally consist of limestone with marl (limey shale) layers. Residual overburden soils associated with this formation generally consist of clay soils with low to high shrink/swell potential. Subsurface conditions encountered in Borings 1 and 2 generally consisted of clay and shaly clay to depths of about 26 ft and 22 ft, respectively below the ground surface underlain by limestone extending to the termination depths of the borings (25 ft to 30 ft). Subsurface conditions encountered in Boring 3 generally consisted of sandy gravel and clay extending to the 5 ft termination depth of the boring. The upper 5 ft to 8 ft of clay encountered in the borings were visually classified as fill or possible fill material. More detailed stratigraphic information is presented on the Log of Boring sheets. Most of the materials encountered in the borings are considered relatively impermeable and are expected to have a relatively slow response to water movement. Therefore, several days of observation would be required to evaluate actual groundwater levels within the depths explored. The groundwater level at the site is anticipated to fluctuate seasonally depending on the amount of rainfall, prevailing weather conditions and subsurface drainage characteristics. ALPHA Report No. W232964 3 Groundwater was encountered in Borings 1 and 2 during drilling at depths of about 11 ft and 23 ft below the ground surface, respectively, and in the open borehole immediately upon completion of drilling at depths of about 16 ft and 23 ft. Groundwater was not encountered on drilling tools during drilling. Also, groundwater was not encountered in the remaining boring. However, it is common to encounter seasonal groundwater from fill material, from natural fractures within the clayey matrix, at the soil/rock (limestone) interface or from fractures in the rock (limestone), particularly during or after periods of precipitation. If more detailed groundwater information is required, monitoring wells or piezometers can be installed Further details concerning subsurface materials and conditions encountered can be obtained from the boring logs provided in the Appendix. DESIGN RECOMMENDATIONS The following design recommendations were developed on the basis of the previously described Project Characteristics (Section 2.0) and General Subsurface Conditions (Section 5.0). If project criteria change, including structure location on the site, our office should conduct a review to determine if modifications to the recommendations are required. Further, it is recommended our office be provided with a copy of the final building plans and specifications for review prior to construction. The design information provided in this report was developed assuming that final grades are constructed within 2 ft of existing grades. Additional cutting and filling beyond that assumed might require modifications to the recommendations provided herein. It is recommended our office be contacted once final grades are established to determine if modifications to the recommendations in this report are necessary. 6.1 Existing fill As discussed in Section 2.0, earthwork activities was performed at this site. The depth of fill placed during the earthwork activities is unknown. In addition as discussed in Section 5.0, existing fill materials were encountered to depths of about 5 ft to 8 ft below the ground surface in the borings. It is not known if the fill was placed under engineering supervision with compaction records. If compaction records for the fill cannot be obtained, the fill should be considered as uncontrolled fill. Uncontrolled fill is generally not considered suitable for support of slabs due to the risk of under-compacted zones resulting in failures of weak soil and/or indeterminate levels of settlement. Any existing uncontrolled fill should be removed from the building pad and other grade supported structures and replaced with engineered fill as recommended in accordance with Section 7.3. The excavated materials may be suitable for reuse as engineered fill provided they are free of organics, boulders, rubble, and other debris. Some processing and/or removal of larger limestone cobbles may be required. The lateral extent, depth and nature of the fill are not known. Test pits could be performed prior to construction to verify the presence, lateral extent, depth, and nature of the existing fill materials. ALPHA would be pleased to provide this service if desired ALPHA Report No. W232964 4 6.2 Drilled and Underreamed Piers Our findings indicate the structural frame and walls of the building could be supported using a system of drilled and underreamed piers bearing in shaly clay at a depth of at least 17 ft below final grade. Drilled and underreamed piers bearing in clay at a depth of at least 17 ft below final grade can be dimensioned using a net allowable end-bearing pressure of 4.0 kips per sq ft and no skin friction component of resistance. The above bearing pressure contains a factor of safety of at least 3 considering a general bearing capacity failure. Normal elastic settlement of piers under loading is estimated to be less than about 1 inch. Existing fill material was encountered in the borings to a depth of about 8 ft below current grades. Fill materials can contain cobbles and boulders. These material can be difficult to excavate and fill materials can be prone to caving. Specialty tools and/or temporary casing may be required to extend the underreams. Groundwater was encountered in Borings 1 and 2 to depths of about 16 ft to 23 ft below the ground surface. Therefore, field adjustments in the depth of the underreamed piers may be required in some areas to maintain the bottom of the piers above possible groundwater and possible caving soils. ALPHA should be retained to verify adjustments in the bearing depth. Provision for immediate placement of concrete should be made. Test piers should be performed outside the building area just before construction to verify groundwater conditions and constructability of underreamed piers. If underreams cave, it may be possible to substitute the underreamed pier with a straight shaft pier with an equivalent diameter to the underream. This option can only be used if subgrade improvement as discussed in Section 6.3 is performed. Casing could still be required for these straight shaft substitutes. The base of these pier excavations must be verifiably firm and clean. If groundwater occurs through the base of these excavations, alternative foundations types will be required. The straight shaft pier with equivalent diameter to the underream will be subject to about 1 inch of potential movement and this movement could manifest as differential movement from other piers. ALPHA should be retained to observe drilled pier excavations and to evaluate the cause and solution for caving underreams. Test piers should be drilled outside the building pad area, or between planned pier locations inside the building pad, just prior to construction to verify groundwater levels and constructability of underreamed piers. Each pier should be designed with full length reinforcing steel to resist the uplift pressure (soil-to- pier adhesion) due to potential soil swell along the shaft from post-construction heave and other uplift forces applied by structural loadings. The magnitude of uplift adhesion due to soil swell along the pier shaft cannot be defined accurately and can vary according to the actual in -place moisture content of the soils during construction. It is estimated the average uplift adhesion will not exceed about 2.2 kips per sq ft. A reduced uplift adhesion of 1.0 kip per sq ft can be used over the portion of the pier in contact with moisture improved soils as discussed in Section 6.3. This soil adhesion is approximated to act uniformly over the portion of the pier shaft in contact with ALPHA Report No. W232964 5 clay soils to a maximum depth of 12 ft below final grade. Uplift adhesion can be neglected over the portion of the pier shaft in contact with non-expansive fill. The uplift force due to swelling of active clays should be resisted by the underreamed portion of the pier. The underreamed portion should be at least two (2) and not exceeding three (3) times the diameter of the shaft. The minimum clear spacing between edges of adjacent piers should be at least one (1) underream diameter, based on the larger underream. All grade beams connecting piers should be formed and not cast in earthen trenches. Grade beams should be formed with a nominal 6-inch void at the bottom. Commercially available cardboard box forms (cartons) are made for this purpose. The cardboard cartons should extend the full length and width of the grade beams. Prior to concrete placement, cartons should be inspected to verify they are firm, properly placed, and capable of supporting wet concrete. Some type of permanent soil retainer, such as pre-cast concrete panels, must be provided to prevent soils adjacent to grade beams from sloughing into the void space at the bottom of the grade beams. Additionally, backfill soils placed adjacent to grade beams must be compacted as outlined in Section 7.3. 6.3 Floor Slabs and Potential Seasonal Movements Our findings indicate the floor slab constructed within 2 ft of the ground surface could experience post construction seasonal movements of about 3 inches due to shrinking and swelling of active clay soils. Potential seasonal movements were estimated assuming fill material used to raise the grade will consist of onsite or similar material with a plasticity index of 40 or less. If the plasticity index of material used to raise the grade is higher than 40, potential movements could be higher than our estimates. Floor slabs supported on uncontrolled fill are also subject to indeterminate levels of settlement. Potential seasonal movements were estimated using results of absorption swell tests, from methods outlined by the Texas Department of Transportation (TxDOT) Test Method Tex -124-E and engineering judgment and experience. The estimated movements were calculated assuming the moisture content of the in-situ soil within the normal zone of seasonal moisture content change varies between a "dry" condition and a "wet" condition as defined by methods outlined in Texas Department of Transportation Test Method Tex-124-E. Also, it was assumed a 1 psi surcharge load from the floor slab acts on the subgrade soils. Movements exceeding those predicted herein could occur if the existing soils are exposed to an extended dry period, positive drainage of surface water is not maintained or if soils are subject to an outside water source, such as leakage from a utility line or subsurface migration from off -site locations. In view of these potential seasonal movements and indeterminate settlements, the most positive floor system for the building supported on piers is a slab suspended completely above the existing expansive soils. At least 12 inches of void space should be provided between the bottom of the floor slab, or lowest suspended fixture, and top surface of the underlying expansive clays. A ventilated crawl space is preferred. Provisions should be made for (a) adequate drainage of th e under-floor space and (b) differential movement of utility lines, including areas where the utility penetrates through the grade beam and/or where the utility penetrates below grade areas. ALPHA Report No. W232964 6 We understand it is desired to reduce the movements of the floor slab to about 1 inch. Potential movements of the floor slab could be reduced to about 1 inch by placing a minimum 2 ft of non - expansive material between the bottom of the floor slab and the top surface of 10 ft of improved subgrade soils. Subgrade improvement could be performed using moisture conditioning as described in Section 6.6.1. Non-expansive fill material could consist of flexible base material or select fill as described in Section 7.3. Moisture conditioning will rework the existing fill. If a soil-supported floor slab is utilized for the planned building, consideration should be given to a "floating" (fully ground supported, and not structurally connected to walls or foundations) floor slab. This can reduce the risk of cracking and displacement of the floor slab due to differential movements between the slab and foundations. A floor slab doweled into perimeter grade beams can develop a plastic hinge (crack) parallel to and approximately 5 to 10 ft inside the building perimeter. Differential movements can still occur between the grade beam and a “floating” floor slab. The structural engineer should determine the need for connections between the slab and structural elements and determine if control joints to limit cracking are needed. A properly designed and constructed moisture barrier should be placed between the slab and subgrade soils to retard moisture migration through the slab. 6.3.1 Subgrade Improvement Using Moisture Conditioning Potential movements could be reduced to about 1 inch by placing a minimum 2-ft cap of non-expansive material between the bottom of floor slab and the top surface of 10 ft of moisture-conditioned soil. Non-expansive material is described in Section 7.3. Floor slabs supported on uncontrolled fill are also subject to indeterminate levels of settlement. Uncontrolled fill present below the moisture conditioned soil zone should be removed and reworked in accordance with Section 6.1 and 7.4. Some granular soils could be encountered within the recommended depth of moisture conditioning. Over-excavation of these granular soils will be required in order to moisture condition the active clays also encountered within the same depths. Moisture-conditioning consists of processing and compacting the specified minimum thickness of on-site soil at a “target” moisture content approximated to be at least 5 percentage points above the material’s optimum moisture content as determined by the standard Proctor method (ASTM D 698). Some of the onsite soils with a lower plasticity index may require compaction at a moisture content closer to optimum. Any deviation from them minimum 5 percentage points above optimum should be verified by ALPHA during construction. The moisture-conditioned soil should be compacted to a dry density of 93 to 97 percent of standard Proctor maximum dry density. Moisture conditioning of the on-site soil should extend throughout the entire building pad area, at least 5 ft beyond the perimeter of the building and below any adjacent flatwork for which it is desired to reduce movements. At building entrances and outward swinging doors, moisture conditioning should extend at least 10 ft beyond the building perimeter. However, non- expansive material should not extend beyond the building limits. If flatwork or paving is not planned adjacent to the structure (i.e. above the moisture-conditioned soils), a moisture barrier consisting of a minimum of 10 mil plastic sheeting with 8 to 12 inches of soil cover should be provided above the moisture conditioned soils. Moisture-conditioned soils ALPHA Report No. W232964 7 should be maintained in a moist condition prior to placement of the required thickness of non-expansive material or flatwork. The resulting estimated potential seasonal movement (about 1 inch) was calculated assuming the moisture content of the moisture-conditioned soil varies between the “target” moisture content and the “wet” condition while the deeper undisturbed in-situ soil within the normal zone of seasonal moisture content change varies between the "dry" condition and the "wet" condition as defined by methods outlined in TxDOT Test Method Tex-124- E. The purpose of moisture-conditioning is to reduce the free swell potential of the moisture- conditioned soil to 1 percent or less. Additional laboratory tests (i.e., standard Proctors, absorption swell tests, etc.) should be conducted during construction to verify the “target” moisture content for moisture-conditioning (estimated at 5 percentage points above the material’s optimum moisture content as defined by ASTM D 698) is sufficient to reduce the free swell potential of the processed soil to 1 percent or less. In addition, it is recommended samples of the moisture-conditioned material be routinely obtained during construction to verify the free swell of the improved material is 1 percent or less. Moisture conditioning should be monitored and tested on a full-time basis by ALPHA to verify materials tested are placed with the proper degree of moisture and compaction as presented in this report. Field density tests should be performed for each lift of fill placed in each building pad area. 6.4 Slab-on-Grade Foundation (Alternative) A slab foundation could also be used to support the structure. A slab foundation is subject to the same movement as a floor slab as discussed in Section 6.3 (about 3 inches). Subgrade improvement as discussed in Section 6.3 will be required to reduce potential movements of the slab foundation to about 1 inch. It should be understood that the building supported on a slab foundation has a higher risk of movement than the building supported on drilled piers or auger cast piles. Slab foundations supported on uncontrolled fill are also subject to indeterminate levels of settlement. Following subgrade improvement as recommended in Section 6.3, slab foundations should be designed with exterior and interior grade beams adequate to provide sufficient rigidity to the foundation systems. A net allowable soil bearing pressure of 1.5 ksf may be used for design of all grade beams bearing on an improved subgrade as described in Section 6.3. Grade beams should bear a minimum depth of 12 inches below final grade and should have a minimum width of 10 inches to utilize the recommended net allowable bearing pressure of the soil. To reduce cracking as normal movement occur in foundation soils, all grade beams and slab foundations should be adequately reinforced with steel (conventional reinforcing steel and/or post- tensioned reinforcement). It is common to experience some minor cosmetic distress to structures with slab-on-grade foundation systems due to normal ground movements. A properly designed and constructed moisture barrier should be placed between the slabs and subgrade soils to retard moisture migration through the slabs. ALPHA Report No. W232964 8 6.4.1 Post-Tensioning Institute, Design of Post-Tensioned Slab-on-Grade Table A contains information for design of the post-tensioned, slab-on-grade foundation. Design parameters were evaluated based on the conditions encountered in the borings and using information and correlations published by PTI Third Edition and VOLFLO 1.5 computer program provided by Geostructural Tool Kit, Inc. (GTI). TABLE A PTI Design Parameters Potential Seasonal Movement = 1 inch (After Subgrade Improvement as Described in Section 6.3) EDGE LIFT CENTER LIFT Edge Moisture Distance, ft (em) 3.9 7.5 Differential Soil Movement, inches (ym) 1.2 (swell) 1.0 (shrink) 6.4.2 WRI, Slab-on-Grade Foundation System A slab-on-grade foundation system could also be designed based Design of Slab-On- Ground Foundations published by the Wire Reinforcement Institute, Inc. (WRI, Aug, 1981). These design parameters are presented in Table B. TABLE B Design of WRI, Slab-on-Grade Foundation System PVR = 1 inch Following Subgrade Improvement per Section 6.3 Climatic Rating (Cw) 18 Effective Plasticity Index 30 Unconfined Compressive Strength (tsf) 0.5 6.5 Exterior Flatwork Exterior flatwork constructed within 2 ft of existing grade could be subjected to potential seasonal movements of about 3 inches as described in Section 6.3. If this level of movement is not acceptable, flatwork could be suspended on drilled piers as discussed in Section 6.2. As an alternative, in areas where flatwork movement is critical (such as, but not limited to, main entrances), subgrade improvement as discussed in Section 6.3 can be considered to reduce potential movements to about 1 inch. 6.6 Seismic Considerations The Site Class for seismic design is based on several factors that include soil profile (soil or rock), shear wave velocity, and strength, averaged over a depth of 100 ft. Since our borings did not extend to 100-foot depths, we based our determinations on the assumption that the subsurface materials below the bottom of the borings were similar to those encountered at the termination depth. Based on Section 1613.3.2 of the 2012 International Building Code and Table 20.3-1 in the ALPHA Report No. W232964 9 2010 ASCE-7, we recommend using Site Class C (very dense soil or soft rock) for seismic design at this site. 6.7 Pavement To permit correlation between information from test borings and actual subgrade conditions exposed during construction, a qualified Geotechnical Engineer should be retained to provide subgrade monitoring and testing during construction. If there is any change in project criteria, the recommendations contained in this report should be reviewed by our office. Calculations used to determine the required pavement thickness are based only on the physical and engineering properties of the materials used and conventional thickness determination procedures. Pavement joining buildings should be constructed with a curb and the joint between the building and curb should be sealed. Related civil design factors such as subgrade drainage, shoulder support, cross-sectional configurations, surface elevations, reinforcing steel, joint design and environmental factors will significantly affect the service life and must be included in preparation of the construction drawings and specifications, but all were not included in the scope of this study. Normal periodic maintenance will be required for all pavement to achieve the design life of the pavement system. Please note, the recommended pavement sections are considered the minimum necessary to provide satisfactory performance based on the expected traffic loading. In some cases, City minimum standards for pavement section construction may exceed those recommended. 6.7.1 Pavement Subgrade Preparation Pavement supported on uncontrolled fill is subject to the risk of indeterminate and possible large levels of settlement. If this is not acceptable, treatment of existing fill as described in Section 6.1 could be considered for reduction of indeterminate settlement in areas where post-construction settlements are critical. As an alternative, it can be beneficial to remove and replace the upper 2 ft to 3 ft of existing fill with controlled fill to create uniform support directly below the pavement. This would result in a reduced risk of subgrade failures immediately below the pavement. This alternative treatment does not remove the risk of indeterminate and possible large settlements of the underlying uncontrolled fill. The exposed surface of the pavement subgrade soil should be scarified to a depth of 6 inches and mixed with a minimum 6 percent hydrated lime (by dry soil weight) in conformance with TxDOT Standard Specification Item 260. Assuming an in-place unit weight of 100 pcf for the pavement subgrade soils, this percentage of lime equates to about 27 lbs of lime per sq yard of treated subgrade. The actual amount of lime required should be confirmed by additional laboratory tests (ASTM C 977 Appendix XI) prior to construction. The soil-lime mixture should be compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 0 to 4 percentage points above the mixture's optimum moisture content. In all areas where hydrated lime is used to stabilize subgrade soil, routine Atterberg-limit tests should be performed to verify the resulting plasticity index of the soil-lime mixture is at/or below 15. ALPHA Report No. W232964 10 Subgrade improvement could also consist of a minimum 6 inch layer of flexible base material. Flexible base used for pavement subgrade should consist of material meeting the requirements of TxDOT Standard Specifications Item 247, Type A, Grade 1-2. The flexible base should be compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 2 percentage points below to 2 percentage points above the material's optimum moisture content. We recommend subgrade improvement procedures extend at least 1 ft beyond the edge of the pavement to reduce effects of seasonal shrinking and swelling upon the extreme edges of pavement. Improvement of the pavement subgrade soil will not prevent normal seasonal movement of the underlying untreated materials. Pavement and other flatwork will have the same potential for movement as slabs constructed directly on the existing undisturbed soils. Good perimeter surface drainage with a minimum slope of 2 percent away from the pavement is recommended. Normal maintenance of pavement should be expected over the life of the structures. 6.7.2 Portland Cement Concrete (PCC) Pavement Following subgrade improvement as recommended in Section 6.7.1, PCC (reinforced) pavement sections are recommended in Table C. TABLE C Recommended PCC Pavement Sections Paving Areas and/or Type Subgrade Thickness, Inches PCC Thickness, Inches Parking Areas Subjected Exclusively to Passenger Vehicle Traffic, Scarified and Compacted (native), 6 5 Drive Lanes, Fire Lanes, Areas Subject to Light Volume Truck Traffic, Lime Modified, 6 6 Dumpster Traffic Areas, Areas subject to Moderate Volume Truck Traffic, Lime Modified, 6 7 PCC should have a minimum compressive strength of 3,000 psi at 28 days in parking areas subjected exclusively to passenger vehicle traffic. We recommend a minimum compressive strength of 3,500 psi at 28 days for the drive lanes, fire lanes, and truck areas. Concrete should be designed with 4.5+1.5 percent entrained air. Joints in concrete paving should not exceed 15 ft. Reinforcing steel should consist of No. 3 bars placed at 18 inches on-center in two directions. Improvement of the pavement subgrade is recommended for drive lanes, fire lanes, and pavement subject to truck traffic. Improvement of the pavement subgrade is not necessary for pavements subjected exclusively to passenger vehicle traffic, although improvement in these areas would be generally beneficial to the long-term performance of the pavement. Improvement of the subgrade is described in Section 6.7.1. ALPHA Report No. W232964 11 Alternatively, mechanical improvement of the pavement clay subgrade could be eliminated by increasing the PCC thickness in the pavement sections presented in Table C by 1 inch. Prior to construction of pavement on unimproved clay subgrade soil, the exposed subgrade should be scarified to a depth of at least 6 inches and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of -1 to +3 percentage points of the material's optimum moisture content. 6.8 Drainage and Other Considerations Adequate drainage should be provided to reduce seasonal variations in the moisture content of foundation soils. All pavement and sidewalks within 10 ft of the structure should be sloped away from the building to prevent ponding of water around the foundation. Final grades within 10 ft of the structure should be adjusted to slope away from the structure at a minimum slope of 2 percent. Maintaining positive surface drainage throughout the life of the structure is essential. In areas with pavement or sidewalks adjacent to the new structure, a positive seal must be maintained between the structure and the pavement or sidewalk to minimize seepage of water into the underlying supporting soils. Post-construction movement of pavement and flat-work is common. Normal maintenance should include inspection of all joints in paving and sidewalks, etc. as well as re-sealing where necessary. Several factors relate to civil and architectural design and/or maintenance, which can significantly affect future movements of the foundation and floor slab system: • Preferably, a complete system of gutters and downspouts should carry runoff water a minimum of 5 feet from the completed structure. • Large trees and shrubs should not be allowed closer to the foundation than a horizontal distance equal to roughly one-half of their mature height due to their significant moisture demand upon maturing. • Moisture conditions should be maintained "constant" around the edge of the slab. Ponding of water in planters, in unpaved areas, and around joints in paving and sidewalks can cause slab movements beyond those predicted in this report. • Planter box structures placed adjacent to the building should be provided with a means to assure concentrations of water are not available to the subsoil stratigraphy. • The root systems from any existing trees at this site will have dried and desiccated the surrounding clay soils, resulting in soil with near-maximum swell potential. Clay soils surrounding tree root mats within the building areas or areas to be covered with grade slabs (including, but not limited to, flatwork, pavement, equipment pads, etc.) should be removed to a depth of at least 1 ft below the root ball and compacted in-place with moisture and density control as described in Section 7.3. Trench backfill for utilities should be properly placed and compacted as outlined in Section 7.4 and in accordance with requirements of local City standards. Since granular bedding backfill is used for most utility lines, the backfilled trench should not become a conduit and allow access for ALPHA Report No. W232964 12 surface or subsurface water to travel toward the new structures. Concrete cut -off collars or clay plugs should be provided where utility lines cross building lines to prevent water from traveling in the trench backfill and entering beneath the structures. GENERAL CONSTRUCTION PROCEDURES AND GUIDELINES Variations in subsurface conditions could be encountered during construction. To permit correlation between test boring data and actual subsurface conditions encountered during construction, it is recommended a registered Professional Engineering firm be retained to observe construction procedures and materials. Some construction problems, particularly degree or magnitude, cannot be anticipated until the course of construction. The recommendations offered in the following paragraphs are intended not to limit or preclude other conceivable solutions, but rather to provide our observations based on our experience and understanding of the project characteristics and subsurface conditions encountered in the borings. 7.1 Site Preparation and Grading Existing fill was encountered to a depth of about 8 ft in the borings. Existing fill can contain organics, boulders, rubble, and other debris which could be encountered during site grading and general excavation. The earthwork and excavation contracts should contain provision for removal of unsuitable materials in the existing fill. Test pit excavations performed prior to construction can be used to evaluate the depth, extent, and composition of existing fill at this site. ALPHA would be pleased to provide this service if desired. All areas supporting slab foundations, floor slabs, pavement, flatwork or areas to receive new fill should be properly prepared. • After completion of the necessary stripping, clearing, and excavating and prior to placing any required fill, the exposed soil subgrade should be carefully evaluated by probing and testing. Any undesirable material (organic material, wet, soft, or loose soil) still in place should be removed. • The exposed soil subgrade should be further evaluated by proof-rolling with a heavy pneumatic tired roller, loaded dump truck or similar equipment weighing approximately 20 tons to check for pockets of soft or loose material hidden beneath a thin crust of possibly better soil. • Proof-rolling procedures should be observed routinely by a Professional Engineer, or his designated representative. Any undesirable material (organic material, wet, soft, or loose soil) exposed during the proof roll should be removed and replaced with well-compacted material as outlined in Section 7.3. • Prior to placement of any fill, the exposed soil subgrade should then be scarified to a minimum depth of 6 inches and recompacted as outlined in Section 7.3. ALPHA Report No. W232964 13 If fill is to be placed on existing slopes (natural or constructed) steeper than six horizontal to one vertical (6:1), the fill materials should be benched into the existing slopes in such a manner as to provide a minimum bench-key width of five (5) ft. This should provide a good contact between the existing soils and new fill materials, reduce potential sliding planes, and allow relatively horizontal lift placements. Even if fill is properly compacted, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when planning or placing deep fills. Slope stability analysis of embankments (natural or constructed) was not within the scope of this study. The contractor is responsible for designing any excavation slopes, temporary sheeting or shoring. Design of these structures should include any imposed surface surcharges. Construction site safety is the sole responsibility of the contractor, who shall also be solely responsible for the means, methods and sequencing of construction operations. The contractor should also be aware that slope height, slope inclination or excavation depths (including utility trench excavations) should in no case exceed those specified in local, state and/or federal safety regulations, such as OSHA Health and Safety Standard for Excavations, 29 CFR Part 1926, or successor regulations. Stockpiles should be placed well away from the edge of the excavation and their heights should be controlled so they do not surcharge the sides of the excavation. Surface drainage should be carefully controlled to prevent flow of water over the slopes and/or into the excavations. Construction slopes should be closely observed for signs of mass movement, including tension cracks near the crest or bulging at the toe. If potential stability problems are observed, a geotechnical engineer should be contacted immediately. Shoring, bracing or underpinning required for the project (if any) should be designed by a professional engineer registered in the State of Texas. Due to the nature of the clay soils found near the surface at the borings, traffic of heavy equipment (including heavy compaction equipment) may create pumping and general deterioration of shallow soils. Therefore, some construction difficulties should be anticipated during periods when these soils are saturated. 7.2 Foundation Excavations All foundation excavations should be properly monitored to verify loose, soft, or otherwise unsuitable material are removed. All foundation excavations should be monitored to verify foundations bear on suitable material. The bearing stratum exposed in the base of all foundation excavations should be protected against any detrimental change in conditions. Surface runoff water should be drained away from excavations and not allowed to collect. All concrete for foundations should be placed as soon as practical after the excavation is made. Piers should be excavated and concrete placed the same day. Prolonged exposure of the bearing surface to air or water will result in changes in strength and compressibility of the bearing stratum. Therefore, if delays occur, underreamed piers should be cleaned and slightly deepened. Grade beams for slab foundations should be cleaned and slightly deepened. ALPHA Report No. W232964 14 All pier shafts should be at least 1.5 ft in diameter for pier stability considerations, to facilitate clean-out of the base and for proper monitoring. Concrete placed in pier holes should be directed through a tremie, hopper, or equivalent. Placement of concrete should be vertical through the center of the shaft without hitting the sides of the pier or reinforcement to reduce the possibility of segregation of aggregates. Concrete placed in piers should have a minimum slump of 5 inches (but not greater than 7 inches) to avoid potential honey-combing. Observations during pier drilling should include, but not necessarily be limited to, the following items: • Verification of proper bearing strata and consistency of subsurface stratification with regard to boring logs, • Confirmation the minimum required penetration into the bearing strata is achieved, • Complete removal of cuttings from bottom of pier holes, • Proper handling of any observed water seepage and sloughing of subsurface materials, • No more than 2 inches of standing water should be permitted in the bottom of pier holes prior to placing concrete, and • Verification of pier diameter, underream size, and steel reinforcement. Granular soils with cobbles and boulders were encountered in the existing fill material in the borings. Casing may be required to control caving soils during pier installation Groundwater was encountered at depths of about 16 ft to 23 ft below the ground surface in Borings 1 and 2. However, from our experience with similar projects within this area, shallower groundwater seepage could be encountered during pier installation. The risk of encountering this seepage is increased with depth and during or after periods of precipitation. Some field adjustments in the depth of underreamed piers may be required in some areas to maintain the bottom of the piers above groundwater seepage. Adjustments in the depths of underreamed piers should be observed in the field by ALPHA personnel. Also, the clay soils encountered at the boring locations are prone to collapse during construction of the underreamed portion of the pier foundation. Immediate placement of concrete after constructing the underream and/or the use of submersible pumps may be adequate to control underream collapse and/or seepage. We recommend test piers be performed outside the building pad to verify groundwater conditions and pier constructability just prior to construction. 7.3 Fill Compaction Select Fill (Non-Expansive Fill): Select fill used as non-expansive fill should have a liquid limit less than 35, a plasticity index (PI) not less than 4 nor greater than 15. Select fill should not contain deleterious material and debris. Select fill should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of -1 to +3 percentage points of the material's optimum moisture content. The plasticity index and liquid limit ALPHA Report No. W232964 15 of material used as select, non-expansive fill should be verified during fill placement using laboratory tests. Atterberg limits tests to verify the select, non-expansive fill shall be performed at a frequency of at least one test per 2 feet of thickness per 5,000 square feet. Atterberg limits shall be staggered between various lifts within each 5,000 square feet. Flexible Base Material (Non-Expansive Fill): Flexible base material used as non-expansive fill for the building pad area should meet the requirements of TxDOT Item 247, Type A or D, Grade 1-2. The material should be compacted to a minimum 95 percent of standard Proctor maximum dry density (ASTM D 698) and within -2 to +3 percentage points of the material's optimum moisture content. The following recommendations pertain to fill soils placed for general site grading. Moisture conditioned soil should conform to recommendations in Section 6.3. Clay used for general fill with a PI equal to or greater than 25 should be compacted to a dry density between 93 and 98 percent of standard Proctor maximum dry density (ASTM D 698). The compacted moisture content of the clays during placement should be within the range of +2 to +6 percentage points of the material’s optimum moisture. Clay with a plasticity index below 25 should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 1 percentage point below to 3 percentage points above the material's optimum moisture content. Clayey materials used as fill should be processed such that the largest particle or clod is less than 6 inches prior to compaction. Where mass fills are deeper than 10 ft, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D-698) and within 2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallow er than 10 ft should be compacted as outlined herein. Compaction should be accomplished by placing fill in about 8-inch thick loose lifts and compacting each lift to at least the specified minimum dry density. Field density and moisture content tests should be performed on each lift. 7.4 Utilities Where utility lines are deeper than 10 ft, the fill/backfill below 10 ft should be compacted to at least 100 percent of standard Proctor maximum dry density (ASTM D 698) and within –2 to +2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as previously outlined. Density tests should be performed on each lift (maximum 12-inch thick) and should be performed as the trench is being backfilled. Even if fill is properly compacted, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when designing pavement over utilities and/or other areas with deep fill. ALPHA Report No. W232964 16 If utility trenches or other excavations extend to or beyond a depth of 5 ft below construction grade, the contractor or others shall be required to develop an excavation safety plan to protect personnel entering the excavation or excavation vicinity. The collection of specific geotechnical data and the development of such a plan, which could include designs for sloping and benching or various types of temporary shoring, is beyond the scope of this study. Any such designs and safety plans shall be developed in accordance with current OSHA guidelines and other applicable industry standards. 7.5 Groundwater Free groundwater was encountered in Borings 1 and 2 at depths of about 11 ft and 23 ft, respectively, below the ground surface. From our experience with similar soils, shallower groundwater could be encountered during general excavation at this site. The risk of encountering this seepage is increased during or after periods of precipitation. Standard sump pit and pumping procedures should be adequate to control seepage on a local basis for relatively shallow excavations. In any areas where cuts are made, attention should be given to possible seasonal water seepage that could occur through natural cracks and fissures in the newly exposed stratigraphy. In these areas subsurface drains may be required to intercept seasonal groundwater seepage. The need for these or other dewatering devices should be carefully addressed during construction. Our office could be contacted to visually observe final grades to evaluate the need for such drains. LIMITATIONS Professional services provided in this geotechnical exploration were performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. The scope of services provided herein does not include an environmental assessment of the site or investigation for the presence or absence of hazardous materials in the soil, surface water or groundwater. ALPHA, upon written request, can be retained to provide these services. ALPHA is not responsible for conclusions, opinions or recommendations made by others based on this data. Information contained in this report is intended for the exclusive use of the Client (and their designated design representatives), and is related solely to design of the specific structures outlined in Section 2.0. No party other than the Client (and their designated design representatives) shall use or rely upon this report in any manner whatsoever unless such party shall have obtained ALPHA’s written acceptance of such intended use. Any such third party using this report after obtaining ALPHA’s written acceptance shall be bound by the limitations and limitations of liability contained herein, including ALPHA’s liability being limited to the fee paid to it for this report. Recommendations presented in this report should not be used for design of any other structures except those specifically described in this report. In all areas of this report in which ALPHA may provide additional services if requested to do so in writing, it is presumed that such requests have not been made if not evidenced by a written document accepted by ALPHA. Further, subsurface conditions can change with passage of time. Recommendations contained herein are not considered applicable for an extended period of time after the completion date of this report. It is recommended our office be contacted for a review of the contents of this report for construction commencing more than one (1) year after completion of this report. Non- ALPHA Report No. W232964 17 compliance with any of these requirements by the Client or anyone else shall release ALPHA from any liability resulting from the use of, or reliance upon, this report. Recommendations provided in this report are based on our understanding of information provided by the Client about characteristics of the project. If the Client notes any deviation from the facts about project characteristics, our office should be contacted immediately since this may materially alter the recommendations. Further, ALPHA is not responsible for damages resulting from workmanship of designers or contractors. It is recommended the Owner retain qualified personnel, such as a Geotechnical Engineering firm, to verify construction is performed in accordance with plans and specifications. ALPHA Report No. W232964 APPENDIX ALPHA Report No. W232964 A-1 METHODS OF FIELD EXPLORATION Using standard rotary drilling equipment, a total of three (3) test borings were performed for this geotechnical exploration at the approximate locations shown on the Boring Location Plan, Figure 1. The boring locations were staked by using a handheld GPS device or by pacing /taping and estimating right angles from landmarks which could be identified in the field and as shown on the site plan provided during this study. The locations of the test borings shown on the Boring Location Plan are considered accurate only to the degree implied by the methods used to define them. Relatively undisturbed samples of the cohesive subsurface materials were obtained by hydraulically pressing 3-inch O.D. thin-wall sampling tubes into the underlying soils at selected depths (ASTM D 1587). These samples were removed from the sampling tubes in the field and evaluated visually. One representative portion of each sample was sealed in a plastic bag for use in future visual evaluation and possible testing in the laboratory. Some soil samples were obtained using split-spoon sampling procedures in accordance with ASTM Standard D 1586. Disturbed samples were obtained at selected depths in the borings by driving a standard 2-inch O.D. split-spoon sampler 18 inches into the subsurface material using a 140-pound hammer falling 30 inches. The number of blows required to drive the split -spoon sampler the final 12 inches of penetration (N-value) is recorded in the appropriate column on the Log of Boring sheets. A modified version of the Texas Cone Penetration (TCP) test was completed in the field to determine the apparent in-place strength characteristics of the rock type materials. A 3-inch diameter steel cone driven by a 170-pound hammer dropped 24 inches is the basis for TxDOT strength correlations. In this case, ALPHA TESTING, LLC. has modified the procedure by using a 140-pound hammer dropping 30-inches for completion of the field test. Depending on the resistance (strength) of the materials, either the number of blows of the hammer required to provide 12 inches of penetration, or the inches of penetration of the cone due to 100 blows of the hammer are recorded on the field log and are shown on the Log of Boring sheets as “TX Cone” (reference TxDOT Test Method TEX 132-E, as modified). Logs of the borings are included in the Appendix. The logs show visual descriptions of subsurface strata encountered using the Unified Soil Classification System. Sampling information, pertinent field data, and field observations are also included. Samples not consumed by testing will be retained in our laboratory for at least 14 days and then discarded unless the Client requests otherwise. BORING LOCATION PLAN FIGURE 1 B-1 B-2 B-3 N APPROXIMATE BORING LOCATION GEOTECHNICAL EXPLORATION LONGVUE BAPTIST CHURCH OFF OLD WEATHERFORD ROAD FORT WORTH, TEXAS ALPHA PROJECT NO. W232964 ALPHA Report No. W232964 B-1 METHODS OF LABORATORY TESTING Representative samples were evaluated and classified by a qualified member of the Geotechnical Division and the boring logs were edited as necessary. To aid in classifying the subsurface materials and to determine the general engineering characteristics, natural moisture content tests (ASTM D 2216), Atterberg-limit tests (ASTM D 4318), and dry unit weight determinations were performed on selected samples. In addition, unconfined compressive strength tests (ASTM D 2166) and pocket-penetrometer tests were conducted on selected soil samples to evaluate soil shear strength. Results of these laboratory tests are provided on the Log of Boring sheets. In addition to the Atterberg-limit tests, the expansive properties of the clay soils were further analyzed by absorption swell tests. The swell test is performed by placing a selected sample in a consolidation machine and applying either the approximate current or expected overburden pressure and then allowing the sample to absorb water. When the sample exhibits very little tendency for further expansion, the height increase is recorded and the percent free swell and total moisture gain calculated. Results of the absorption swell tests are provided on the attached Log of Boring sheets. Client: Project: Start Date:End Date: Drilling Method: BORING NO.: PROJECT NO.: Location: Surface Elevation: West: North: Hammer Drop (lbs / in):Depth, feetGraphic LogMATERIAL DESCRIPTION Sample TypeRecovery %RQDTX Cone or Std.Pen. (blows/ft, in)PocketPenetrometer (tsf)Unconfined Comp.Strength (tsf)UU ShearStrength (tsf)% PassingNo. 200 SieveUnit Dry Weight(pcf)Water Content, %Liquid LimitPlastic LimitPlasticity IndexSwell, %GROUND WATER OBSERVATIONS On Rods (ft): After Drilling (ft): After Hours (ft): Martsolf Architecture Longvue Baptist Church 11/17/2023 11/17/2023 CONTINUOUS FLIGHT AUGER 1 W232964 Fort Worth, Texas 140 / 30 11 16 5058 Brush Creek Rd. Fort Worth,Texas 76119 Phone:817-496-5600 Fax:817-496-5608 www.alphatesting.com 5 10 15 20 25 30 Light Brown CLAY with gravel and cobbles - FILL 6.0 Brown CLAY with limestone fragments - possible fill 8.0 Tan CLAY with calcareous nodules 12.0 Tan and Gray SHALY CLAY 26.0 Gray LIMESTONE with shale seams 30.0 TEST BORING TERMINATED AT 30 FT 3.5 10 46 18 28 10 10 18 59 19 40 3.5 171.5 112 33 17 16 0.0 4.0 181.6 107 53 18 35 0.0 4.5+151.9 116 4.5+23 50/6" 37 27 100/1.5" Sheet 1 of 1 Client: Project: Start Date:End Date: Drilling Method: BORING NO.: PROJECT NO.: Location: Surface Elevation: West: North: Hammer Drop (lbs / in):Depth, feetGraphic LogMATERIAL DESCRIPTION Sample TypeRecovery %RQDTX Cone or Std.Pen. (blows/ft, in)PocketPenetrometer (tsf)Unconfined Comp.Strength (tsf)UU ShearStrength (tsf)% PassingNo. 200 SieveUnit Dry Weight(pcf)Water Content, %Liquid LimitPlastic LimitPlasticity IndexSwell, %GROUND WATER OBSERVATIONS On Rods (ft): After Drilling (ft): After Hours (ft): Martsolf Architecture Longvue Baptist Church 11/17/2023 11/17/2023 CONTINUOUS FLIGHT AUGER 2 W232964 Fort Worth, Texas 140 / 30 23 23 5058 Brush Creek Rd. Fort Worth,Texas 76119 Phone:817-496-5600 Fax:817-496-5608 www.alphatesting.com 5 10 15 20 25 30 Light Brown CLAY with gravel and cobbles - FILL 8.0 Tan and Gray CLAY with calcareous deposits 12.0 Tan and Gray SHALY CLAY 22.0 Tan LIMESTONE with clay seams and layers 25.0 TEST BORING TERMINATED AT 25 FT 4.5+12 52 18 34 10 19 38 15 23 3.0 201.2 108 56 19 37 0.0 3.0 211.3 104 29 15 14 4.5+261.8 102 43 50/5" 17 100/3" Sheet 1 of 1 Client: Project: Start Date:End Date: Drilling Method: BORING NO.: PROJECT NO.: Location: Surface Elevation: West: North: Hammer Drop (lbs / in):Depth, feetGraphic LogMATERIAL DESCRIPTION Sample TypeRecovery %RQDTX Cone or Std.Pen. (blows/ft, in)PocketPenetrometer (tsf)Unconfined Comp.Strength (tsf)UU ShearStrength (tsf)% PassingNo. 200 SieveUnit Dry Weight(pcf)Water Content, %Liquid LimitPlastic LimitPlasticity IndexSwell, %GROUND WATER OBSERVATIONS On Rods (ft): After Drilling (ft): After Hours (ft): Martsolf Architecture Longvue Baptist Church 11/17/2023 11/17/2023 CONTINUOUS FLIGHT AUGER 3 W232964 Fort Worth, Texas 140 / 30 NONE DRY 5058 Brush Creek Rd. Fort Worth,Texas 76119 Phone:817-496-5600 Fax:817-496-5608 www.alphatesting.com 5 10 15 20 25 30 Light Brown SANDY GRAVEL with cobbles - FILL 1.0 Tan CLAY with limestone fragments - FILL 5.0 TEST BORING TERMINATED AT 5 FT 4.5+111.4 110 60 18 42 3.0 16 Sheet 1 of 1 TEXAS CONE PENETRATION FILL LIMESTONE (MH), Elastic SILT SANDSTONE (GP), Poorly Graded GRAVEL LOW MEDIUM HIGH VERY HIGH 4 TO 15 16 TO 25 26 TO 35 OVER 35 SAMPLING SYMBOLS (OL), ORGANIC SILT (OH), ORGANIC CLAY 8.0" OR LARGER 3.0" TO 8.0" 0.75" TO 3.0" 5.0 mm TO 3.0" 2.0 mm TO 5.0 mm 0.4 mm TO 5.0 mm 0.07 mm TO 0.4 mm 0.002 mm TO 0.07 mm LESS THAN 0.002 mm SOIL & ROCK SYMBOLS KEY TO SOIL SYMBOLS AND CLASSIFICATIONS (CH), High Plasticity CLAY VERY LOOSE LOOSE MEDIUM DENSE VERY DENSE RELATIVE DENSITY OF COHESIONLESS SOILS (blows/ft) 0 TO 4 5 TO 10 11 TO 30 31 TO 50 OVER 50 SHELBY TUBE (3" OD except where noted otherwise) SPLIT SPOON (2" OD except where noted otherwise) AUGER SAMPLE ROCK CORE (2" ID except where noted otherwise) PARTICLE SIZE IDENTIFICATION (DIAMETER) (CL), Low Plasticity CLAY (SP), Poorly Graded SAND (GW), Well Graded GRAVEL (GC), CLAYEY GRAVEL (GM), SILTY GRAVEL BOULDERS COBBLES COARSE GRAVEL FINE GRAVEL COURSE SAND MEDIUM SAND FINE SAND SILT CLAY TRACE LITTLE SOME AND 1 TO 10 11 TO 20 21 TO 35 36 TO 50 RELATIVE PROPORTIONS (%) VERY SOFT SOFT FIRM STIFF VERY STIFF HARD LESS THAN 0.25 0.25 TO 0.50 0.50 TO 1.00 1.00 TO 2.00 2.00 TO 4.00 OVER 4.00 SHEAR STRENGTH OF COHESIVE SOILS (tsf) RELATIVE DEGREE OF PLASTICITY (PI)SHALE / MARL (SC), CLAYEY SAND (SW), Well Graded SAND (SM), SILTY SAND (ML), SILT CITY OF FORT WORTH Longvue Baptist Church STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 105310 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CFW Product Name Manufacturer Manufacturer Product Name & Description Makers Sales and Marketing, LLC MRT2470AB‐Type 11, 36" or 60" Rise 2/Bolt 8' Arm,  Galvanized Makers Sales and Marketing, LLC MRT2470AB‐Type 11, 36" or 60" Rise 2/Bolt 8' Arm,  Black Valmont Industries, Inc DB01373(page 1 of 6)‐Shoe Base Pole Type 11,  Galvanized Makers Sales and Marketing, LLC Type 33B, 36" Rise Simplex 8' Arm, Galvanized Makers Sales and Marketing, LLC Type 33B, 36" Rise Simplex 8' Arm, Black Valmont Industries, Inc DB01373(page 4 of 6)‐Single Arm Type 33B, Galvanized Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P101‐Mvolt‐R2‐3K‐ MP‐NL‐P7‐AO‐RFD325607 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P101‐Mvolt‐R4‐3K‐ MP‐NL‐P7‐AO‐RFD325606 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P101‐Mvolt‐R2‐3K‐BK‐ MP‐NL‐P7‐AO‐RFD325609 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P101‐Mvolt‐R4‐3K‐BK‐ MP‐NL‐P7‐AO‐RFD325608 McFarland Cascade CREOSOTE 30/35 FOOT TIMBER POLE Bayou Forest Products 30‐35’ .80 CCA Green Timber Pole Makers Sales and Marketing, LLC Wood Pole Arm, 36" Rise Simplex 8' Arm, Galvanized Makers Sales and Marketing, LLC Wood Pole Arm, 36" Rise Simplex 8' Arm, Black Valmont Industries, Inc DB01373(page 6 of 6)‐Wood Pole Arm, Galvanized Makers Sales and Marketing, LLC MRT33.585AB‐Type 18, 36" or 60" Rise 2/Bolt 8' Arm,  Galvanized Makers Sales and Marketing, LLC MRT33.585AB‐Type 18, 36" or 60" Rise 2/Bolt 8' Arm,  Black Valmont Industries, Inc DB01373(page 2 of 6)‐Shoe Base Pole Type 18,  Galvanized Makers Sales and Marketing, LLC Type 33A, 60" Rise Simplex 8' Arm, Galvanized Makers Sales and Marketing, LLC Type 33A, 60" Rise Simplex 8' Arm, Black Valmont Industries, Inc DB01373(page 3 of 6)‐Single Arm Type 33A, Galvanized Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P303‐Mvolt‐R2‐3K‐ MP‐NL‐P7‐AO‐RFD322792 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P303‐Mvolt‐R4‐3K‐ MP‐NL‐P7‐AO‐RFD322794 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P303‐Mvolt‐R2‐3K‐BK‐ MP‐NL‐P7‐AO‐RFD322793 Acuity Brands Lighting, Inc.American Electric Lighting, ATB0‐P303‐Mvolt‐R4‐3K‐BK‐ MP‐NL‐P7‐AO‐RFD322795 Wood Pole Arm CFW Lighting Approved Products List Arterial Luminaire Residential Luminaire Residential‐Standard Arterial‐Standard Type 11 Pole Type 33B Arm Timber Pole Type 18 Pole Type 33A Arm McFarland Cascade CREOSOTE 35/40 FOOT TIMBER POLE Bayou Forest Products 30‐35’ .80 CCA Green Timber Pole Makers Sales and Marketing, LLC Wood Pole Arm, 60" Rise Simplex 8' Arm, Galvanized Makers Sales and Marketing, LLC Wood Pole Arm, 60" Rise Simplex 8' Arm, Black Valmont Industries, Inc DB01373(page 5 of 6)‐Wood Pole Arm, Galvanized Washington 10' Pole Acuity Brands Lighting, Inc.Holophane, CLA 10.6(0AL)FT J20P07BK‐MOD, AB‐31‐4  RFD110736 Washington 14' Pole Acuity Brands Lighting, Inc.Holophane, CLA14FT J20DMODC03BK RFD325026, AB‐ 16‐4 SPEC RFD325026  Washington Luminaire Acuity Brands Lighting, Inc.Holophane, WFCL3 P40 30K MVOLT FC3 NF BK AO PR7  FRGL RFD338699 Washington Globe  Luminaire Acuity Brands Lighting, Inc. Holophane, AWDE3 P40 30K MVOLT MS AL3 BK PR7  AO RFD‐315548 Oleander Type A Pole Acuity Brands Lighting, Inc.Holophane, PDA 12S5L20POBBK‐MOD  Oleander Type B Pole Acuity Brands Lighting, Inc.Holophane, PDA20S5L20P08BK‐MOD Oleander Type B Arm Acuity Brands Lighting, Inc.Holophane, OHC 15IN 2A TN BK Oleander Luminaire Acuity Brands Lighting, Inc. Holophane, AUCL2 P40 30K AS BK L3 N P7 AO  RFD338741 Berry 12' Pole Acuity Brands Lighting, Inc.Holophane, RSA 12 50 G12 SC BK AB‐26‐4 RFD326400 Berry 20' Pole Acuity Brands Lighting, Inc.Holophane, PD20S5J20P11BK RFD338816 Berry Arm Acuity Brands Lighting, Inc.Holophane, VLC 27IN 1A TN QSM BK Berry Luminaire Acuity Brands Lighting, Inc. Holophane, GPLF3 P40 30K MVOLT ASY QSM BK PR7  AO SH Banner Arms Acuity Brands Lighting, Inc.Holophane, BA‐24IN‐2A‐C0‐S4J‐BL‐075P‐BK Cantex Inc. Rigid Nonmetallic Schedule 80 Conduit, Meets UL 651  specifi cations and NEMA TC2, Rated for 90°C Cable,  Sunlight Resistant, 10’ Lengths and 20' lengths Heritage Plastics Rigid Nonmetallic Schedule 80 Electric Conduit, Meets  UL 651 specifications, RUS listed, NEMA TC‐2 and  NEMA TC‐3, Rated for 90°C Cable, Sunlight & Weather  Resistant Atkore‐Heritage Plastics PVC Rigid Schedule 80 Conduit, Conforms to UL 651  and NEMA TC 2, Sunlight Resistant, Listed for 90°C  conductors or cable Prime Conduit, Inc Schedule 80 PVC Rigid Nonmetallic Conduit, Extra  Heavy Wall EPC‐80, Sunlight resistant, Rated for use  with 90°C conductors, Meets UL651 Splice Kit With Connector NSi Industries, LLC Gel Stub Splice Kit with Connector, Easy‐Splice, ESSLK  Series Wood Pole Arm Timber Pole Conduit Decorative‐Pedestrian System Southwire Type XHHW‐2 copper conductor, 600V Encore Wire TYPE XHHW‐2 / RW90, copper conductor, Superslick  Elite, 600V/1000V Encore Wire THHN / MTW / THWN‐2  Copper conductor, 600V Service Wire Co Servicepro‐X XHHW‐2, 600/1,000 Volt Copper, CT  Rated Advanced Digital Cable Inc XHHW‐2 Low Smoke Halogen Free, Cross‐linked  Polyethylene Insulated 14 AWG‐750 MCM, 600 Volts,  90°C Dry and wet Aluminum Wire‐Triplex Priority Wire & Cable, Inc Triplex Overhead Aluminum Conductor Edison General Purpose, Midget Class MEN Fuses, Voltage  Rating: MEN ‐ 250 VAC, Ampere Rating: 0.5 ‐ 30 Amps,  Interrupting Rating: 10,000 RMS Amps @ 125V Edison Modular Ferrule Fuse Blocks for Midget Class and CC  Fuses Cooper In‐line fuse holders for Single‐Pole 13/32" x 1 1/2"  Fuses HEB‐AA EATON Bussmann Series, HEB breakaway and non‐breakaway  in‐line fuse holders for UL 13/32” x 1‐ 1/2”supplemental fuses EATON Bussmann Series, FNM 13⁄32˝ x 1‐1⁄2˝ 250Vac Ɵme‐ delay supplemental fuses Connector Thomas & Betts Wire Joints for Copper Conductor, Cat No: 54615,  54620, 54625‐TB, 54635, 54640, 54630 Electrol Systems, Inc TY A (120/240) 100(NS)AL(E)PS(U) WE Manufacturing & Controls TY A 120/240 100(NS)AL(E)PS(U) Electrol Systems, Inc TY A (240/480) 100(NS)AL(E)PS(U) WE Manufacturing & Controls TY A 240/480 100(NS)AL(E)PS(U) MacLean Highline Polymer Concrete, PHA132412X0002: TIER 22 (X) 22,  500lbs Oldcastle Polymer Concrete, H‐SERIES UNIT, H1730‐24 TIER‐22 ‐ TXDOT 2x 1/2" CAPTIVE BOLT ‐ 2x BRASS FLOATING  NUT Oldcastle Polymer Concrete, H‐SERIES UNIT, H1324‐24 TIER‐15 ‐ TXDOT 2x 1/2" CAPTIVE BOLT ‐ 2x BRASS FLOATING  NUT Kearneys NSi Industries, LLC Split Bolt Connectors, Copper Split Bolts 2 Wire, N  Series Photocell Acuity Brands Lighting, Inc.Dark To Light, DLL Elite, Electronic Locking, Type  Photocontrol, DLL‐127 or DLL‐480 Shorting Caps Acuity Brands Lighting, Inc.Dark To Light, Part # DSHORT SBK U Residential Luminaire TRASTAR INC.DURA‐STR10A‐3K‐120‐3‐GR‐SCL Arterial Luminaire TRASTAR INC.DURA‐STR25‐3K‐120‐3‐GR‐SCL Interim Products Copper Wire/Conductor Metered Pedestal 120‐240V Metered Pedestal  240‐ 480V Ground Box Fuse & Fuse Holder !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec Concrete Class A (Sidewalk, ADA Ramps, Driveways, Curb/Gutter, Median Pavement) 9/9/2022 32 13 20 Mix Design American Concrete Company 30CAF029 3000 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 20 Mix Design Big Town Concrete 2211 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Burnco Texas 30U101AG 3000 psi 3-5" Slump; 3-6% Air 4/1/2024 32 13 20 Mix Design Burnco Texas 30U500BG 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Carder Concrete FWCC502001 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Carder Concrete FWCC502021 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Chisholm Trail Redi Mix C13020AE 3000 psi 3-5" Slump; 4.5-7.5% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CT6020A 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design City Concrete Company 30HA20II 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 253-W 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 250 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Cow Town Redi Mix 350 3000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 20 Mix Design Estrada Ready Mix R3050AEWR 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Holcim - SOR, Inc.1261 3000 psi 3-5" Slump; 3-6% Air 9/23/2024 32 13 20 Mix Design Holcim - SOR, Inc.5177 3000 psi 3-5" Slump; 3-6% Air 5/8/2025 32 13 20 Mix Design Holcim - SOR, Inc.530WA-T1 3000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 20 Mix Design Liquid Stone C301D 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2136214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2136014 3000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 13 20 Mix Design Martin Marietta R2136N14 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 13 20 Mix Design Martin Marietta R2136R20 3000 psi 3-5" Slump; 3-6% Air 6/1/2023 32 13 20 Mix Design Martin Marietta R2136N20 3000 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 20 Mix Design Martin Marietta R2141K24 4000 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 20 Mix Design Martin Marietta R2136K14 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2131314 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta R2132214 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Martin Marietta D9490SC 3000 psi 3-5" Slump; 4.5-7.5% Air 5/9/2025 32 13 20 Mix Design Martin Marietta R2136R14 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 20 Mix Design NBR Ready Mix CLS A-YY 3000 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 20 Mix Design NBR Ready Mix CLS A-NY 3000 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 20 Mix Design Osburn 30A50MR 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 20 Mix Design Rapid Redi Mix RRM5020A 3000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 20 Mix Design Rapid Redi Mix RRM5525A 3600 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 20 Mix Design SRM Concrete 30850 3000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 20 Mix Design SRM Concrete 30350 3000 psi 3-5" Slump; 3-6% Air 10/18/2024 32 13 20 Mix Design SRM Concrete 30050 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete FW5025A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete CP5020A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 20 Mix Design Tarrant Concrete TCFW5020A 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Tarrant Concrete FW5525A2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design Titan Ready Mix 3020AE 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.230 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 20 Mix Design True Grit Redi Mix 0250.2301 3000 psi 3-5" Slump; 3-6% Air Class CIP (Inlets, Manholes, Junction Boxes, Encasement, Blocking, Collars, (Spread Footing Pedestal Pole Foundations (Reference Detail 34 41 10-D605A) 9/9/2022 32 13 13 Mix Design American Concrete Company 40CNF065 4000 psi 3-5" Slump; 0-3% Air 7/28/2025 32 13 13 Mix Design Burnco Texas 40V100AG 4000 psi 3-5" Slump; 3.5-6.5% Air 7/28/2025 32 13 13 Mix Design Burnco Texas 30V100AG 3000 psi 3-5" Slump; 3.5-6.5% Air 7/28/2025 32 13 13 Mix Design Burnco Texas 36V500BG 3600 psi 3-5" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design Burnco Texas 40U500BG 4000 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CT6020A 3600 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CTFW5520A 3600 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 20 Mix Design Chisholm Trail Redi Mix CTFW6020A 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255-2 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 355 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 255 3500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 270 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 353 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 257 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 357 3600 psi 3-5" Slump; 3-6% Air 5/7/2025 32 13 13 Mix Design Cow Town Redi Mix 265-42 4200 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design Holcim - SOR, Inc.1701 4000 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design Holcim - SOR, Inc.1551 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.5409 4000 psi 3-5" Slump; 3-6% Air 4/27/2023 32 13 13 Mix Design Liquid Stone C361DNFA 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141230 4000 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2141R24 4000 psi 3-5" Slump; 3-6% Air CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 Page 1 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 11/20/2023 32 13 13 Mix Design Martin Marietta R2146R33 4000 psi 3-5" Slump; 3-6% Air 11/20/2023 32 13 13 Mix Design Martin Marietta R2146K33 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2142233 3600 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2136224 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2141233 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146038 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design Martin Marietta R2146K34 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 32 13 13 Mix Design Martin Marietta R2146R35 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 33 13 13 Mix Design Martin Marietta R2146K35 4000 psi 3-5" Slump; 3-6% Air 5/5/2025 33 13 13 Mix Design Martin Marietta R2146N33 4000 psi 3-5" Slump; 3-6% Air 9/12/2023 32 13 13 Mix Design NBR Ready Mix CLS P1-YY 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-YY 3000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design NBR Ready Mix TX C-NY 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Rapid Redi Mix RRM5320A 3000 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Rapid Redi Mix RRM6020ASS 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 35050 3500 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 13 Mix Design SRM Concrete 36850 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5320A 3000 psi 3-5" Slump; 3-6% Air 10/10/2022 32 13 13 Mix Design Tarrant Concrete TCFW6025A2 4000 psi 3-5" Slump; 3-6% Air Class C (Drilled Shaft for Traffic Signal Pole Foundations Reference Detail 31 41 10-D605) 9/9/2022 32 13 13 Mix Design Burnco Texas 36U502BG 3600 psi 5.5-7.5" Slump; 3-6% Air 6/21/2023 32 13 13 Mix Design Cow Town Redi Mix 360-DS 3600 psi 5.5-7.5" Slump; 3-6% Air 10/30/2024 32 13 13 Mix Design Estrada Ready Mix R36575AEWR 3600 psi 5.5-7.5" Slump; 3-6% Air 12/5/2022 32 13 13 Mix Design Holcim - SOR, Inc.1822 3600 psi 5.5-7.5" Slump; 0-3% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.1859 4000 psi 5.5-7.5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Design Liquid Stone C361DHR 3600 psi 5.5-7.5" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Design Martin Marietta U2146N41 3600 psi 5-7" Slump; 3-6% Air 6/27/2023 32 13 13 Mix Design Martin Marietta U2146K45 3600 psi 5-7" Slump; 3-6% Air 5/9/2025 2 13 13 Mix Design Martin Marietta U2146R41 3600 psi 5-7" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K2524 3600 psi 5.5" Slump; 3-6% Air 8/22/2024 32 13 13 Mix Design NBR Ready Mix 135K0524 3600 psi 5.5" Slump; 3-6% Air Class C (Headwalls, Wing walls, Culverts) 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602001 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 40LA2011 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-2 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-1 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-1 3600 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R3655AEWR 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4000 4000 psi 3-5" Slump; 3-6% Air 4/1/2023 32 13 13 Mix Design Martin Marietta 310LBP 3600 psi 3-5" Slump; 4-7% Air 8/30/2023 32 13 13 Mix Design Martin Marietta R2141R30 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146035 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 40050 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 35022 3600 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020A2 4000 psi 3-5" Slump; 3-6% Air Class P (Machine Placed Paving) 4/3/2025 32 13 13 Mix Design Big Town Concrete 4511 3600 psi 1-3" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 4411 3600 psi 1-3" Slump; 3-6% Air 6/30/2025 32 13 13 Mix Design Big Town Concrete 5211 With 20% Fly Ash 4000 psi 1-3" Slump; 3-6% Air 6/30/2025 30 13 13 Mix Design Big Town Concrete 52113 With 30% slag 4000 psi 1-3" Slump; 3-6% Air 6/30/2025 30 13 13 Mix Design Big Town Concrete 5311 4000 psi 1-3' Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC552091 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602091 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 36LA2011 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 33 13 13 Mix Design Cow Town Redi Mix 257-M 3600 psi 1-3" Slump; 3-6% Air 11/14/2022 32 13 13 Mix Design Cow Town Redi Mix 357-M 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260-M 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360-M 4000 psi 1-3" Slump; 3-6% Air 2/6/2024 32 13 13 Mix Design Estrada Ready Mix TD3655AEWR 3600 psi 1-3" Slump; 3-6% Air 5/20/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1643 3600 psi 1-3" Slump; 3-6% Air 6/20/2025 32 13 13 Mix Design Gilco Contracting Inc 36MP1629 3600 psi 1-3" Slump; 3-6% Air 5/12/2025 32 13 13 Mix Design Holcim - SOR, Inc.1703 4000 psi 1-3" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta Q2141R27 4000 psi 1-3" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta Q2141K30 4000 psi 1-3" Slump; 3-6% Air ...Concrete (Continues) Page 2 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 5/5/2025 32 13 13 Mix Design Martin Marietta Q2141N27 4000 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-YY 3600 psi 1-3" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix TX C SF-NY 3600 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40068 4000 psi 1-3" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 40825 4000 psi 1-3" Slump; 3-6% Air 9/16/2024 32 13 13 Mix Design SRM Concrete 40025 4000 psi 1-3" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 35023 3600 psi 1-3" Slump; 3-6% Air 6/5/2025 32 13 13 Mix Design SRM Concrete 40324 4000 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW5520AMP 3600 psi 1-3" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0255.2301 3600 psi 1-3" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2302 4000 psi 1-3" Slump; 3.5-6.5% Air 6/17/2025 32 13 13 Mix Design True Grit Redi Mix 460.230M 4000 psi 1-3" Slump; 3-6% Air 6/23/2025 32 13 13 Mix Design True Grit Redi Mix 360.230M 4000 psi 1-3" Slump; 3-6% Air Class H (Hand Placed Paving, Valley Gutter) 9/9/2022 32 13 13 Mix Design American Concrete Company 45CAF076 4500 psi 3-5" Slump; 3-6% Air 5/2/2023 32 13 13 Mix Design Big D Concrete CM14520AE 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6211 4500 psi 3-5" Slump; 3-6% Air 4/3/2025 32 13 13 Mix Design Big Town Concrete 6311 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Big Town Concrete 6017 4500 psi 3-5" Slump; 3-6% Air 7/25/2025 32 13 13 Mix Design Burnco Texas 45U500BG 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Carder Concrete FWCC602021 4500 psi 3-5" Slump; 3-6% Air 4/28/2025 32 13 13 Mix Design Chisholm Trail Redi Mix CTFW6520A 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design City Concrete Company 45NA20II 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 265 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4560AEWR/4500 psi 3-5" Slump; 4-6% Air 9/9/2022 32 13 13 Mix Design GCH Concrete Services GCH4500 4500 psi 3-5" Slump; 3-6% Air 5/20/2025 32 13 13 Mix Design Gilco Contracting Inc 45HP1643 4500 psi 3-5" Slump; 3-6% Air 6/20/2025 32 13 13 Mix Design Gilco Contracting Inc 45HP1629 4500 psi 3-5" Slump; 3-6% Air 10/4/2024 32 13 13 Mix Design Holcim - SOR, Inc.5507 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.1851 4500 psi 3-5" Slump; 3-6% Air 5/8/2025 32 13 13 Mix Design Holcim - SOR, Inc.545WA-T1 4500 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design Liquid Stone C451D 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N35 4500 psi 3-5" Slump; 3-6% Air 8/4/2023 32 13 13 Mix Design Martin Marietta R2146R36 4500 psi 3-5" Slump; 3-6% Air 11/2/2022 32 13 13 Mix Design Martin Marietta R2146N36 4500 psi 3-5" Slump; 3-6% Air 5/22/2023 32 13 13 Mix Design Martin Marietta R2146K37 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Design Martin Marietta R2146R44 4500 psi 3-5" Slump; 3-6% Air 12/22/2023 32 13 13 Mix Design Martin Marietta R2146K44 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Design Martin Marietta R2146P36 4500 psi 3-5" Slump; 3-6% Air 11/15/2022 32 13 13 Mix Design Martin Marietta R2146K36 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2147241 4500 psi 3-5" Slump; 4.5-7.5% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146236 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146036 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146242 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Martin Marietta R2146042 4500 psi 3-5" Slump; 3-6% Air 6/3/2025 32 13 13 Mix Design Martin Marietta R2146K43 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-YY 4500 psi 3-5" Slump; 3-6% Air 10/4/2023 32 13 13 Mix Design NBR Ready Mix CLS P2-NY 4500 psi 3-5" Slump; 3-6% Air 7/10/2023 32 13 13 Mix Design Osburn 45A60MR 4500 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Design Rapid Redi Mix RRM6320AHP 4500 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design SRM Concrete 45023 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design SRM Concrete 45000 4500 psi 3-5" Slump; 3-6% Air 5/23/2025 32 13 13 Mix Design SRM Concrete 45300 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 45350 4500 psi 3-5" Slump; 3-6% Air 10/24/2024 32 13 13 Mix Design SRM Concrete 45850 4500 psi 3-5" Slump; 3-6% Air 10/18/2024 32 13 13 Mix Design SRM Concrete 45050 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW60AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete TCFW6020AHP 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Titan Ready Mix TRC4520 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0260.2301 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 0265.2301 4500 psi 3-5" Slump; 3.5-6.5% Air 9/9/2022 32 13 13 Mix Design True Grit Redi Mix 270.230 4500 psi 3-5" Slump; 3-6% Air 6/12/2025 32 13 13 Mix Design True Grit Redi Mix 465.230H 4500 psi 3-5" Slump: 3-6% Air 6/23/2025 32 13 13 Mix Design True Grit Redi Mix 365.230H 4500 psi 3-5" Slump: 3-6% Air 10/9/2024 32 13 13 Mix Design Wildcatter 4520AI 4500 psi 3-5" Slump; 3-6% Air ...Concrete (Continues) Page 3 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 Class HES (High Early Strength Paving) 9/9/2022 32 13 13 Mix Design Big D Concrete 14500AE 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370-1NC 4500 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 375-NC 5000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 370-NC 4500 psi 3-5" Slump; 3-6% Air 1/18/2023 32 13 13 Mix Design Cow Town Redi Mix 380-NC 4500 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix 4575AESC 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Holcim - SOR, Inc.2125 5000 psi 3-5" Slump; 3-6% Air 1/24/2023 32 13 13 Mix Design Liquid Stone C451DHR-A 4500 psi 3-5" Slump; 3-6% Air 4/7/2023 32 13 13 Mix Design Martin Marietta R2161K70 6000 psi / 3000 psi @ 24hr.3-5" Slump; 3-6% Air 2/10/2023 32 13 13 Mix Design SRM Concrete 50310 5000 psi 3-5" Slump; 3-6% Air 2/7/2025 32 13 13 Mix Design SRM Concrete 40326 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW6520AMR 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Tarrant Concrete FW7520AMR 4500 psi / 3000 psi @ 3 days 3-5" Slump; 3-6% Air Class S (Bridge Slabs, Top Slabs of Direct Traffic Culverts, Approach Slabs) 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 260 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 360 4000 psi 3-5" Slump; 3-6% Air 9/9/2022 32 13 13 Mix Design Cow Town Redi Mix 365-STX 4000 psi 3-5" Slump; 3-6% Air 1/29/2024 32 13 13 Mix Design Estrada Ready Mix R4060AEWR 4000 psi 4-6" Slump; 3-6% Air 5/3/2023 32 13 13 Mix Design Martin Marietta M7842344 4000 psi 3-5" Slump; 4.5-7.5% Air 4/1/2023 32 13 13 Mix Design Martin Marietta R2146P33 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Design NBR Ready Mix TX S-NY 4000 psi 3-5" Slump; 3-6% Air 4/15/2024 32 13 13 Mix Design NBR Ready Mix TX S-YY 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40850 4000 psi 3-5" Slump; 3-6% Air 4/5/2025 32 13 13 Mix Design SRM Concrete 40350 4000 psi 3-5" Slump; 3-6% Air 5/5/2023 32 13 13 Mix Design SRM Concrete D100008553CB 4000 psi 3-5" Slump; 3-6% Air Concrete Base Trench Repair 4/1/2023 03 34 16 Mix Design Burnco Texas 10YH50BF 1000 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 16 Mix Design Burnco Texas 08Y450BA 800 psi 5-7" Slump; 3-6% Air Controlled Low Strength Material (Flowable Fill) 2/7/2025 03 34 13 Mix Design Burnco Texas 01Y690BF 100 psi Flowable; 9.5-11.5% Air 5/19/2025 03 34 13 Mix Design Burnco Texas 01Z180AF 100 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 13 Mix Design Carder Concrete FWCC359101 50-150 psi 3-5" Slump; 8-12% Air 9/9/2022 03 34 13 Mix Design Carder Concrete FWFF237501 50-150 psi Flowable; 8.5-11.5% Air 9/9/2022 03 34 13 Mix Design City Concrete Company 11-350-FF 50-150 psi Flowable; 8-12% Air 9/9/2022 03 34 13 Mix Design Cow Town Redi Mix Mix# 9 70 psi 7-9" Slump; 8-11% Air 5/12/2025 03 34 13 Mix Design Holcim - SOR, Inc.3741 100 psi Flowable; 12.0-24.0% Air 10/4/2023 03 34 13 Mix Design NBR Ready Mix FTW FLOW FILL 150 psi 7-10" Slump; 8-12% Air 2/7/2025 03 34 13 Mix Design SRM Concrete 910 150 psi Flowable; 8-12% Air 9/9/2022 03 34 13 Mix Design Tarrant Concrete FWFF150CLSM 50-150 psi Flowable; 8-12% Air Concrete Rip Rap 4/1/2023 31 37 00 Mix Design Martin Marietta R2141030 4000 psi 3-5" Slump; 3-6% Air 4/1/2023 31 37 00 Mix Design Martin Marietta R2146033 4000 psi 3-5" Slump; 3-6% Air Asphalt Paving 9/9/2022 32 12 16 Mix Design Austin Asphalt FT5B117965 FT5B117965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B139965 FT1B139965 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Austin Asphalt FT1B117.2 FT1B117.2 PG64-22 Type B Fine Base 5/1/2024 32 12 16 Mix Design Reynolds Asphalt 340-DG-B P 340-DG-B PG64-22 Type B Base Course 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1112B 1112B PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Reynolds Asphalt 1612B 1612B PG64-22 Type B Fine Base 4/4/2025 32 12 16 Mix Design Reynolds Asphalt 2315B 2315B PG64-22 Type B Fine Base 12/5/2022 33 12 16 Mix Design Sunmount Paving 3076BV6422 3076BV6422 PG62-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design Sunmount Paving 341-BRAP6422ERG 341-BRAP6422ERG PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 37-211305-20 37-211305-20 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 44-211305-17 44-211305-17 PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 211305 (1757)211305 (1757) PG64-22 Type B Fine Base 9/9/2022 32 12 16 Mix Design TXBIT 64-224125-18 PG 64-224125-18 PG70-22 Type D Fine Surface 4/1/2024 32 12 16 Mix Design TXBIT 344 MAC-SP-D 70-22XR 344 MAC-SP-D 70-22XR SAC A-R Type D Fine Surface Detectable Warning Surface 9/9/2022 32 13 20 DWS - Pavers Pine Hall Brick (Winston Salem, NC)Tactile Pavers 9/9/2022 32 13 20 DWS - Pavers Western Brick Co. (Houston, TX)Detectable Warning Pavers 9/9/2022 32 13 20 DWS - Composite Armor Tile 9/9/2022 32 13 20 DWS - Composite ADA Solutions (Wilmington, MA)Heritage Brick CIP Composite Paver 4/7/2023 32 13 20 DWS - Pavers ADA Solutions (Wilmington, MA)Detectable Warning Pavers ...Concrete (Continues) Page 4 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 Silicone Joint Sealant 9/9/2022 32 13 73 Joint Sealant Dow 890SL 890SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Tremco 900SL 900SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Pecora 300SL 300SL - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 9/9/2022 32 13 73 Joint Sealant Crafco RoadSaver Silicone RoadSaver Silicone - Cold Applied, Single Component, Silicone Joint Sealant ASTM D5893 Utility Trench Embedment Sand 9/9/2022 33 05 10 Embedment Sand Silver Creek Materials Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand Crouch Materials Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand F and L Dirt Movers Utility Embedment Sand ASTM C33 9/9/2022 33 05 10 Embedment Sand Tin Top Martin Marietta Utility Embedment Sand ASTM C33 Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD)MHRC #220605 MHRC #220605 (Size - **24" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 NF-1274-T91 (Size - 32" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and CoversNeenah Foundry NF-1743-LM (Hinged)NF-1743-LM (Hinged) (Size - 32" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 NF-1930-30 (Size - 32.25" Dia.)ASTM A48 AASHTO M306 9/28/2018 33 05 13 Manhole Frames and CoversNeenah Foundry R-1743-HV R-1743-HV (Size - 32" Dia.)ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and CoversSIP Industries ++2279ST 2279ST (Size - 24" Dia.)ASTM A48 AASHTO M306 4/3/2019 33 05 13 Manhole Frames and CoversSIP Industries ++2280ST 2280ST (Size - 32" Dia.)ASTM A48 AASHTO M306 10/8/2020 33 05 13 Manhole Frames and CoversEJ ( Formally East Jordan Iron Works)EJ1033 Z2/A EJ1033 Z2/A (Size - 32.25" Dia.)ASTM A536 AASHTO M306 3/8/2024 33 05 13 Curb Inlet Covers SIP Industries ++2296T 2296T (Size - ***24" Dia.)ASTM A48 AASHTO M306 6/18/2024 33 05 13 Curb Inlet Covers SIP Industries ++2279STN 2279STN (Size - 24" Dia.)ASTM A48 AASHTO M306 Storm Sewer - Inlet & Structures 33-05-13 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x3-405-PRECAST** (Size - 10' X 3')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x3-406-PRECAST** (Size - 10' X 3')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x4.5-407-PRECAST** (Size - 10' X 4.5')ASTM C913 10/8/2020 33 49 20 Curb Inlets Fonterra FRT-10x4.5-420-PRECAST** (Size - 10' X 4.5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-4X4-409-PRECAST-TOP (Size - 4' X 4')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-4X4-409-PRECAST-BASE (Size - 4' X 4')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-5X5-410-PRECAST-TOP (Size - 5' X 5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-5X5-410-PRECAST-BASE (Size - 5' X 5')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-6X6-411-PRECAST-TOP (Size - 6' X 6')ASTM C913 10/8/2020 33 39 20 Manhole Fonterra FRT-6X6-411-PRECAST-BASE (Size - 6' X 6')ASTM C913 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-10X3-405-PRECAST INLET** (Size - 10' X 3')ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-15X3-405-PRECAST INLET** (Size - 15' X 3')ASTM 615 3/19/2021 33 49 20 Curb Inlets Thompson Pipe Group TPG-20X3-405-PRECAST INLET** (Size - 20' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST TOP (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-409-PRECAST BASE (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-4X4-412-PRECAST 4-FT RISER (Size - 4' X 4')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST TOP (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-410-PRECAST BASE (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-5X5-412-PRECAST 5-FT RISER (Size - 5' X 5')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST TOP (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-411-PRECAST BASE (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-6X6-412-PRECAST 6-FT RISER (Size - 6' X 6')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST TOP (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-411-PRECAST BASE (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-7X7-412-PRECAST 4-FT RISER (Size - 7' X 7')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST TOP (Size - 8' X 8')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-411-PRECAST BASE (Size - 8' X 8')ASTM 615 3/19/2021 33 39 20 Manhole Thompson Pipe Group TPG-8X8-412-PRECAST 5-FT RISER (Size - 8' X 8')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-4X4-408-PRECAST INLET (Size - 4' X 4')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-5X5-408-PRECAST INLET (Size - 5' X 5')ASTM 615 3/19/2021 33 49 20 Drop Inlet Thompson Pipe Group TPG-6X6-408-PRECAST INLET (Size - 6' X 6')ASTM 615 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Stacked Manhole (Size - 4' X 4')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box (Size - 5' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 4' x 4' Storm Junction Box (Size - 4' X 4')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 5' Storm Junction Box (Size - 5' X 5')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 6' x 6' Storm Junction Box (Size - 6' X 6')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 8' x 8' Storm Junction Box Base (Size - 8' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Oldcastle Precast 5' x 8' Storm Junction Box Base (Size - 5' X 8')ASTM C478 8/28/2023 33 49 10 Manhole Rinker Materials Reinforced 48" Diameter Spread Footing Manhole (Size - 4' X 4')ASTM C433 **Note: All new development and new installation manhole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Page 5 of 6 !!!!!!!! Attention: Mix Designs do not supersede CFW Specifications !!!!!!!!!! Approval Spec No.Classification Manufacturer Mix ID Mix Description Design Strength @ 28 days Design Rquirements National Spec CITY OF FORT WORTH TRANSPORTATION/PUBLIC WORKS DEPARTMENT STANDARD PRODUCTS LIST AS OF 7/31/2025 8/28/2023 33 39 20 Curb Inlet 10 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 15 'x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 8/28/2023 33 39 20 Curb Inlet 20' x 3' Riser Thompson Pipe Group Inlet Riser (Size - 3 FT)ASTM C913-16 1/12/2024 33 49 20 Drop Inlet AmeriTex Pipe &Products Drop Inlet (4' X 4')ASTM C913 1/12/2024 33 49 20 Drop Inlet AmeriTex Pipe &Products Drop Inlet (5' X 5')ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 4'x4' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 5'x5' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 5' Precast Transition MH (4' MH on the top of 5' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 6'x6' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 6' Precast Transition MH (4' MH on the top of 6' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Precast 8'x8' Storm Junction Box ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products 8' Precast Transition MH (4' MH on the top of 8' JB)ASTM C913 1/19/2024 33 49 20 Manhole AmeriTex Pipe &Products Type C Storm Drain Manhole on Box (4' MH on the top of RCB)ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 10x3 Precast** (Size 10' x 3')ASTM C913 7/16/2024 33 49 20 Curb Inlets AmeriTex Pipe &Products 15x3 Precast** (Size 15' x 3')ASTM C913 Storm Sewer - Pipes & Boxes 33-05-13 4/9/2021 33 41 13 Storm Drain Pipes Advanced Drainage Systems, Inc. (ADS)ADS HP Storm Polypropylene (PP) Pipe (Size - 12" - 60")ASTM F2881 & AASHTO M330 8/28/2023 33 41 10 Storm Drain Pipes Rinker Materials Reinforced Concrete Pipe Tongue and Groove Joint Pipe (Size - 21" or larger)ASTM C76, C655 8/28/2023 33 41 10 Culvert Box Rinker Materials Reinforced Concrete Box Culvert (Sze - Various)ASTM C789, C850 10/12/2023 33 41 10 Storm Drain Pipes AmeriTex Pipe &Products Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger)ASTM C76, C506 10/12/2023 34 41 10 Culvert Box AmeriTex Pipe &Products Reinforced Concrete Box Culvert (size - Various))ASTM C1433,C1577 10/18/2023 35 41 10 Storm Drain Pipes The Turner Co.Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size - 15" or larger)ASTM C76, C506 10/18/2023 33 41 10 Culvert Box The Turner Co.Reinforced Concrete Box Culvert (size - Various)ASTM C1433,C1577 4/12/2024 33 41 10 Storm Drain Pipes Thompson Pipe Group Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various)ASTM C76, C506 6/25/2024 33 41 10 Culvert Box Oldcastle Reinforced Concrete Box Culvert ASTM C1433,C1577 6/25/2024 33 41 10 Storm Drain Pipes Oldcastle Reinforced Concrete Pipe Tongue and Groove Joint Pipe* (Size Various)ASTM C76, C506 ….Storm Sewer - Inlet & Structures Continues (1-29-2025) Removed Argos, Ingram, Redi-Mix, Charley's (4-3-2025) Bigtown Concrete updated Mix ID's **Note: Pre-cast inlets are approved for the stage I portion of the structure (basin) only. Stage II portion of the structure are required to be cast in-place. No exceptions to this requirement shall be allowed. Revision Comments (4-5-2025) 03 34 13 CLSM specification Page 6 of 6 Approval Spec No.Classsification Manufacturer Model No.National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 Urethane Hydrophilic Waterstop Asahi Kogyo K.K.Adeka Ultra-Seal P-201 ASTM D2240/D412/D792 04/26/00 33 05 13 Offset Joint for 4' Diam. MH Hanson Concrete Products Drawing No. 35-0048-001 04/26/00 33 05 13 Profile Gasket for 4' Diam. MH.Press-Seal Gasket Corp.250-4G Gasket ASTM C-443/C-361 SS MH 1/26/99 33 05 13 HDPE Manhole Adjustment Rings Ladtech, Inc HDPE Adjustment Ring Traffic and Non-traffic area 5/13/05 33 05 13 Manhole External Wrap Canusa - CPS WrapidSeal Manhole Encapsulation System Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13) 1/26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc.Flowtite ASTM 3753 Non-traffic area 08/30/06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non-traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) *33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16) *33 05 13 Manhole Frames and Covers Western Iron Works, Bass & Hays Foundry 30024 24" Dia. *33 05 13 Manhole Frames and Covers McKinley Iron Works Inc.A 24 AM 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry R-1272 ASTM A48 & AASHTO M306 24" Dia. 08/24/18 33 05 13 Manhole Frames and Covers Neenah Foundry NF 1274 ASTM A48 & AASHTO M306 30" Dia. 33 05 13 Manhole Frames and Covers Sigma Corporation MH-144N 33 05 13 Manhole Frames and Covers Sigma Corporation MH-143N 33 05 13 Manhole Frames and Covers Pont-A-Mousson GTS-STD 24" dia. 33 05 13 Manhole Frames and Covers Neenah Casting 24" dia. 10/31/06 33 05 13 Manhole Frames and Covers (Hinged)Powerseal Hinged Ductile Iron Manhole ASTM A536 24" Dia. 7/25/03 33 05 13 Manhole Frames and Covers Saint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS 30" Dia. 01/31/06 33 05 13 30" Dia. MH Ring and Cover East Jordan Iron Works V1432-2 and V1483 Designs AASHTO M306-04 30" Dia. 11/02/10 33 05 13 30" Dia. MH Ring and Cover Sigma Corporation MH1651FWN & MH16502 30" Dia 07/19/11 33 05 13 30" Dia. MH Ring and Cover Star Pipe Products MH32FTWSS-DC 30" Dia 08/10/11 33 05 13 30" Dia. MH Ring and Cover Accucast 220700 Heavy Duty with Gasket Ring 30" Dia 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A536 30" Dia 06/01/17 34 05 13 30" Dia. MH Ring and Cover (Lockable) CI SIP Industries 2280 (32")ASTM A 48 30" Dia. 12/05/23 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI SIP Industries 4267WT - Hinged (32")ASTM A 48 30" Dia. 09/16/19 33 05 13 30" Dia. MH Ring and Cover Composite Access Products, L.P. CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing 30" Dia. 10/07/21 34 05 13 30" Dia. MH Ring and Cover Trumbull Manufacturing 32"(30") Frame and Cover 30" Dia. Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16) *33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight 24" Dia. *33 05 13 Manhole Frames and Covers Neenah Casting 24" Dia. *33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P 24" Dia. *33 05 13 Manhole Frames and Covers McKinley Iron Works Inc.WPA24AM 24" Dia. 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 ASTM A 48 24" Dia. 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd.300-24-23.75 Ring and Cover ASTM A 48 24" Dia. Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13) *33 39 10 Manhole, Precast Concrete Hydro Conduit Corp SPL Item #49 ASTM C 478 48" *33 39 10 Manhole, Precast Concrete Wall Concrete Pipe Co. Inc.ASTM C-443 48" 09/23/96 33 39 10 Manhole, Precast Concrete Concrete Product Inc.48" I.D. Manhole w/ 32" Cone ASTM C 478 48" w/32" cone 12/05/23 33 39 10 Manhole, Precast Concrete The Turner Company 72" I.D. Manhole w/ 32" Cone ASTM C 478 72" 05/08/18 33 39 10 Manhole, Precast Concrete The Turner Company 48", 60" I.D. Manhole w/ 32" Cone ASTM C 478 48", 60" 09/03/24 33 39 10 Manhole, Precast Concrete Oldcastle Precast Inc. Manhole, 32" Opening and Flat top, (No Transition Cones)ASTM C 478 48" to 84" I.D. 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete US Composite Pipe Reinforced Polymer Concrete ASTM C-76 48" to 72" 09/06/19 33 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 60" & 72" I.D. Manhole w/32" Cone ASTM C-76 60" & 72" 10/07/21 32 39 20 Manhole, Precast Concrete Forterra Pipe and Precast 48" I.D. Manhole w/32" Cone ASTM C-77 48" 10/07/21 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete Armorock 48" & 60" I.D. Manhole w/32" Cone 48" & 60" 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC Geneva Pipe and Precast (Predl Systems)48" & 60" I.D. Manhole w/32" Cone 48" & 60" Non Traffic Areas 03/07/23 33 39 20 Manhole, Precast Concrete AmeriTex Pipe and Products, LLC 48" & 60" I.D. Manhole w/32" Cone ASTM C-478; ASTM C-923; ASTM C-443 03/07/23 33 39 20 Manhole, Precast (Reinforced Polymer) Concrete P3 Polymers, RockHardscp 48" & 60" I.D. Manhole w/32" Cone 04/28/07 Manhole, Precast (Reinforced Polymer) Concrete Amitech USA Meyer Polycrete Pipe Sewer -(WAC) Wastewater Access Chamber 33 39 40 12/29/23 33 39 20 Wastewater Access Chamber Quickstream Solutions, Inc.Type 8 Maintenace Shaft (Poopit) For use when Std. MH cannot be installed due to depth Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious *E1-14 Manhole Rehab Systems Quadex 04/23/01 E1-14 Manhole Rehab Systems Standard Cement Materials, Inc.Reliner MSP E1-14 Manhole Rehab Systems AP/M Permaform 4/20/01 E1-14 Manhole Rehab System Strong Company Strong Seal MS2A Rehab System 5/12/03 E1-14 Manhole Rehab System (Liner)Triplex Lining System MH repair product to stop infiltration ASTM D5813 08/30/06 General Concrete Repair FlexKrete Technologies Vinyl Polyester Repair Product Misc. Use CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 * From Original Standard Products List 1 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious 05/20/96 E1-14 Manhole Rehab Systems Sprayroq, Spray Wall Polyurethane Coating ASTM D639/D790 12/14/01 Coating for Corrosion protection(Exterior)ERTECH Series 20230 and 2100 (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications 03/19/18 33 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior)Sherwin Williams RR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion) For Exterior Coating of Concrete Structures Only Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16) *33 05 13 Manhole Insert Knutson Enterprises Made to Order - Plastic ASTM D 1248 For 24" dia. *33 05 13 Manhole Insert South Western Packaging Made to Order - Plastic ASTM D 1248 For 24" dia. *33 05 13 Manhole Insert Noflow-Inflow Made to Order - Plastic ASTM D 1248 For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc.LifeSaver - Stainless Steel For 24" dia. 09/23/96 33 05 13 Manhole Insert Southwestern Packing & Seals, Inc.TetherLok - Stainless Steel For 24" dia Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13) 11/04/02 Steel Band Casing Spacers Advanced Products and Systems, Inc.Carbon Steel Spacers, Model SI 02/02/93 Stainless Steel Casing Spacer Advanced Products and Systems, Inc.Stainless Steel Spacer, Model SSI 04/22/87 Casing Spacers Cascade Waterworks Manufacturing Casing Spacers 09/14/10 Stainless Steel Casing Spacer Pipeline Seal and Insulator Stainless Steel Casing Spacer Up to 48" 09/14/10 Coated Steel Casin Spacers Pipeline Seal and Insulator Coated Steel Casing Spacers Up to 48" 05/10/11 Stainless Steel Casing Spacer Powerseal 4810 Powerchock Up to 48" 03/19/18 Casing Spacers BWM SS-12 Casing Spacer(Stainless Steel) 03/19/18 Casing Spacers BWM FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing 03/29/22 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 09/03/24 33 05 13 Casing Spacers Raci (Completely HDPE)Per Manufacturers Requirements (Sewer Applications Only)8" - 12" (Sewer Only) Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13) *33 11 10 Ductile Iron Pipe Griffin Pipe Products, Co.Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C151 3" thru 24" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot)AWWA C150, C151 4" thru 30" 08/24/18 33 11 10 Ductile Iron Pipe American Ductile Iron Pipe Co.American Flex Ring (Restrained Joint)AWWA C150, C151 4" thru 30" *33 11 10 Ductile Iron Pipe U.S. Pipe and Foundry Co.AWWA C150, C151 *33 11 10 Ductile Iron Pipe McWane Cast Iron Pipe Co.AWWA C150, C151 Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Epoxy 33-39-60 (01/08/13) 02/25/02 Epoxy Lining System Sauereisen, Inc SewerGard 210RS LA County #210-1.33 12/14/01 Epoxy Lining System Ertech Technical Coatings Ertech 2030 and 2100 Series 04/14/05 Interior Ductile Iron Pipe Coating Induron Protecto 401 ASTM B-117 Ductile Iron Pipe Only 01/31/06 Coatings for Corrosion Protection Chesterton Arc 791, S1HB, S1, S2 Acid Resistance Test Sewer Applications 8/28/2006 Coatings for Corrosion Protection Warren Environmental S-301 and M-301 Sewer Applications Sewer - Coatings/Polyurethane Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release Valve A.R.I. USA, Inc.D025LTP02(Composite Body)2" Sewer - Pipes/Concrete *E1-04 Conc. Pipe, Reinforced Wall Concrete Pipe Co. Inc.ASTM C 76 *E1-04 Conc. Pipe, Reinforced Hydro Conduit Corporation Class III T&G, SPL Item #77 ASTM C 76 *E1-04 Conc. Pipe, Reinforced Hanson Concrete Products SPL Item #95-Manhole, #98- Pipe ASTM C 76 *E1-04 Conc. Pipe, Reinforced Concrete Pipe & Products Co. Inc.ASTM C 76 Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene PIM Corp., Piscata Way, N.J.Approved Previously McConnell Systems McLat Construction Polyethylene Houston, Texas Approved Previously TRS Systems Trenchless Replacement System Polyethylene Calgary, Canada Approved Previously Sewer - Pipe/Fiberglass Reinforced/ 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP)Hobas Pipe USA, Inc.Hobas Pipe (Non-Pressure)ASTM D3262/D3754 03/22/10 33 31 13 Fiberglass Pipe (FRP)Ameron Bondstrand RPMP Pipe ASTM D3262/D3754 04/09/21 33 31 13 Glass-Fiber Reinforced Polymer Pipe (FRP)Thompson Pipe Group Thompson Pipe (Flowtite)ASTM D3262/D3754 03/07/23 33 31 13 Fiberglass Pipe (FRP)Future Pipe Industries Fiberstrong FRP ASTM D3262, ASTM D3681, ASTM D4161, AWWA M45 09/03/24 33 31 13 Fiberglass Pipe (FRP)Superlit Boru Sanayi A.S.Superlit FRP ASTM D3262, ASTM D3517, ASTM 3754, AWWA C950 * From Original Standard Products List 2 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 Sewer - Pipe/Polymer Pipe 4/14/05 Polymer Modified Concrete Pipe Amitech USA Meyer Polycrete Pipe ASTM C33, A276, F477 8" to 102", Class V 06/09/10 E1-9 Reinforced Polymer Concrete Pipe US Composite Pipe Reinforced Polymer Concrete Pipe ASTM C-76 Sewer - Pipes/HDPE 33-31-23(1/8/13) *High-density polyethylene pipe Phillips Driscopipe, Inc.Opticore Ductile Polyethylene Pipe ASTM D 1248 8" *High-density polyethylene pipe Plexco Inc.ASTM D 1248 8" *High-density polyethylene pipe Polly Pipe, Inc.ASTM D 1248 8" High-density polyethylene pipe CSR Hydro Conduit/Pipeline Systems McConnell Pipe Enlargement ASTM D 1248 Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 12/02/11 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream PVC Pressure Pipe AWWA C900 4" thru 12" 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Royal Building Products Royal Seal PVC Pressure Pipe AWWA C900 4" thru 12" Sewer - Pipes/PVC* 33-31-20 (7/1/13) *33-31-20 PVC Sewer Pipe J-M Manufacturing Co., Inc. (JM Eagle)SDR-26 (PS115)ASTM D 3034 4" - 15" 12/23/97*33-31-20 PVC Sewer Pipe Diamond Plastics Corporation SDR-26 (PS115)ASTM D 3034 4" thru 15" *33-31-20 PVC Sewer Pipe Lamson Vylon Pipe SDR-26 (PS115)ASTM D 3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe SDR-26 (PS115)ASTM D3034 4" thru 15" 12/05/23 33-31-20 PVC Sewer Pipe Vinyltech PVC Pipe Gravity Sewer PS 115 ASTM F 679 18" *33-31-20 PVC Sewer Pipe J-M Manufacturing Co, Inc. (JM Eagle)PS 115 ASTM F 679 18" - 28" 05/06/05 33-31-20 PVC Solid Wall Pipe Diamond Plastics Corporation PS 115 ASTM F-679 18" to 48" 04/27/06 33-31-20 PVC Sewer Fittings Harco SDR-26 (PS 115) Gasket Fittings ASTM D-3034, D-1784, etc 4" - 15" *33-31-20 PVC Sewer Fittings Plastic Trends, Inc.(Westlake)Gasketed PVC Sewer Main Fittings ASTM D 3034 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 (PS 115)ASTM F679 18"- 24" 3/19/2018 33 31 20 PVC Sewer Pipe Pipelife Jet Stream SDR 26 ASTM D3034 4"- 15" 3/29/2019 33 31 20 Gasketed Fittings (PVC)GPK Products, Inc.SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake)SDR 26 ASTM D3034 4" - 15" 10/22/2020 33 31 20 PVC Sewer Pipe Sanderson Pipe Corp.SDR 26 ASTM D3034 4"- 15" 10/21/2020 33 31 20 PVC Sewer Pipe NAPCO(Westlake)SDR 26 PS 115 ASTM F-679 18"- 36" * From Original Standard Products List 3 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 Water - Appurtenances 33-12-10 (07/01/13) 09/03/24 33-12-10 Double Strap Saddle Ford Meter Box Co., Inc.202B 1"-2" SVC, up to 16" Pipe 01/18/18 33-12-10 Double Strap Saddle Romac 202NS Nylon Coated AWWA C800 1"-2" SVC, up to 24" Pipe 08/28/02 Double Strap Saddle Smith Blair #317 Nylon Coated Double Strap Saddle 07/23/12 33-12-10 Double Strap Service Saddle Mueller Company DR2S Double (SS) Strap DI Saddle AWWA C800 1"-2" SVC, up to 24" Pipe 03/07/23 33-12-10 Double Strap Service Saddle Powerseal 3450AS, Incl. Corp. Stop, Dbl Strap, Stainless NSF ANSI 372 1"-2" SVC, up to 24" Pipe 10/27/87 Curb Stops-Ball Meter Valves McDonald 6100M,6100MT & 610MT 3/4" and 1" 10/27/87 Curb Stops-Ball Meter Valves McDonald 4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL AWWA C800 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-6-NL, FB1600-6-NL, FV23-666-W- NL, L22-66NL AWWA C800 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Ford Meter Box Co., Inc. FB600-4-NL, FB1600-4-NL, B11-444-WR- NL, B22444-WR-NL, L28-44NL AWWA C800 1" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-24277N-3, B-20200N-3, H- 15000N, , H-1552N, H142276N AWWA C800, ANSF 61, ANSI/NSF 372 2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3, B-24277N-3,H- 15000N, H-14276N, H-15525N AWWA C800, ANSF 61, ANSI/NSF 372 1-1/2" 5/25/2018 33-12-10 Curb Stops-Ball Meter Valves Mueller Co., Ltd. B-25000N, B-20200N-3,H-15000N, H- 15530N AWWA C800, ANSF 61, ANSI/NSF 372 1" 01/26/00 Coated Tapping Saddle with Double SS Straps JCM Industries, Inc.#406 Double Band SS Saddle 1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel)JCM Industries, Inc.412 Tapping Sleeve ESS AWWA C-223 Up to 30" w/12" Out 03/29/22 33-12-25 Tapping Sleeve (Coated or Stainless Steel)JCM Industries, Inc.415 Tapping Sleeve AWWA C-223 Concrete Pipe Only 05/10/11 Tapping Sleeve (Stainless Steel)Powerseal 3490AS (Flange) & 3490MJ 4"-8" and 16" 02/29/12 33-12-25 Tapping Sleeve (Coated Steel)Romac FTS 420 AWWA C-223 U p to 42" w/24" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)Romac SST Stainless Steel AWWA C-223 Up to 24" w/12" Out 02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)Romac SST III Stainless Steel AWWA C-223 Up to 30" w/12" Out 05/10/11 Joint Repair Clamp Powerseal 3232 Bell Joint Repair Clamp 4" to 30" Plastic Meter Box w/Composite Lid DFW Plastics Inc.DFW37C-12-1EPAF FTW Plastic Meter Box w/Composite Lid DFW Plastics Inc.DFW39C-12-1EPAF FTW 08/30/06 Plastic Meter Box w/Composite Lid DFW Plastics Inc.DFW65C-14-1EPAF FTW Class "A" Concrete Meter Box Bass & Hays CMB37-B12 1118 LID-9 Concrete Meter Box Bass & Hays CMB-18-Dual 1416 LID-9 Concrete Meter Box Bass & Hays CMB65-B65 1527 LID-9 Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13) None Water - Combination Air Release 33-31-70 (01/08/13) *E1-11 Combination Air Release Valve GA Industries, Inc.Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A fl 1" & 2" *E1-11 Combination Air Release Valve Multiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2" *E1-11 Combination Air Release Valve Valve and Primer Corp.APCO #143C, #145C and #147C 1", 2" & 3" Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14) 10/01/87 E-1-12 Dry Barrel Fire Hydrant American-Darling Valve Drawing Nos. 90-18608, 94-18560 AWWA C-502 03/31/88 E-1-12 Dry Barrel Fire Hydrant American Darling Valve Shop Drawing No. 94-18791 AWWA C-502 09/30/87 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Shop Drawing No. D-19895 AWWA C-502 01/12/93 E-1-12 Dry Barrel Fire Hydrant American AVK Company Model 2700 AWWA C-502 08/24/88 E-1-12 Dry Barrel Fire Hydrant Clow Corporation Drawings D20435, D20436, B20506 AWWA C-502 E-1-12 Dry Barrel Fire Hydrant ITT Kennedy Valve Shop Drawing No. D-80783FW AWWA C-502 09/24/87 E-1-12 Dry Barrel Fire Hydrant M&H Valve Company Shop Drawing No. 13476 AWWA C-502 10/14/87 E-1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawings No. 6461 A-423 Centurion AWWA C-502 01/15/88 E1-12 Dry Barrel Fire Hydrant Mueller Company Shop Drawing FH-12 A-423 Super Centurion 200 AWWA C-502 10/09/87 E-1-12 Dry Barrel Fire Hydrant U.S. Pipe & Foundry Shop Drawing No. 960250 AWWA C-502 09/16/87 E-1-12 Dry Barrel Fire Hydrant American Flow Control (AFC)Waterous Pacer WB67 AWWA C-502 08/12/16 33-12-40 Dry Barrel Fire Hydrant EJ (East Jordan Iron Works)WaterMaster 5CD250 Water - Meters 02/05/93 E101-5 Detector Check Meter Ames Company Model 1000 Detector Check Valve AWWA C550 4" - 10" 08/05/04 Magnetic Drive Vertical Turbine Hersey Magnetic Drive Vertical AWWA C701, Class 1 3/4" - 6" * From Original Standard Products List 4 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 12/05/23 33-11-12 PVC Pressure Pipe Vinyltech PVC Pipe DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR14 AWWA C900, AWWA C605, ASTM D1784 4"-16" 09/03/24 33-11-12 PVC Pressure Pipe Northern Pipe Products DR18 AWWA C900, AWWA C605, ASTM D1784 16"-18" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR14 AWWA C900 4"-12" 3/19/2018 33 11 12 PVC Pressure Pipe Pipelife Jet Stream DR18 AWWA C900 16"-24" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 14 AWWA C900 4"-12" 5/25/2018 33 11 12 PVC Pressure Pipe Diamond Plastics Corporation DR 18 AWWA C900 16"-24" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 14 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 4"-28" 12/6/2018 33 11 12 PVC Pressure Pipe J-M Manufacturing Co., Inc d/b/a JM Eagle DR 18 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 16"-24" 9/6/2019 33 11 12 PVC Pressure Pipe Underground Solutions Inc.DR14 Fusible PVC AWWA C900 4" - 8" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake)DR18 AWWA C900 16" - 24" 9/6/2019 33 11 12 PVC Pressure Pipe NAPCO(Westlake)DR14 AWWA C900 4"- 12" 9/6/2019 33 11 12 PVC Pressure Pipe Sanderson Pipe Corp.DR14 AWWA C900 4"- 12" Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13) 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc.Mechanical Joint Fittings AWWA C153 & C110 *E1-07 Ductile Iron Fittings Griffin Pipe Products, Co.Mechanical Joint Fittings AWWA C 110 *E1-07 Ductile Iron Fittings McWane/Tyler Pipe/ Union Utilities Division Mechanical Joint Fittings, SSB Class 350 AWWA C 153, C 110, C 111 08/11/98 E1-07 Ductile Iron Fittings Sigma, Co.Mechanical Joint Fittings, SSB Class 351 AWWA C 153, C 110, C 112 02/26/14 E1-07 MJ Fittings Accucast Class 350 C-153 MJ Fittings AWWA C153 4"-12" 05/14/98 E1-07 Ductile Iron Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1400 AWWA C111/C153 4" to 36" 05/14/98 E1-24 PVC Joint Restraints Ford Meter Box Co./Uni-Flange Uni-Flange Series 1500 Circle-Lock AWWA C111/C153 4" to 24" 11/09/04 E1-07 Ductile Iron Joint Restraints One Bolt, Inc.One Bolt Restrained Joint Fitting AWWA C111/C116/C153 4" to 12" 02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C153 4" to 42" 02/29/12 33-11-11 PVC Pipe Mechanical Joint Restraint EBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C153 4" to 24" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLC4 - SLC10 AWWA C111/C153 4" to 10" 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCS4 - SLCS12 AWWA C111/C153 4" to 12" 08/05/04 E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCE AWWA C111/C153 12" to 24" 08/10/98 E1-07 MJ Fittings(DIP)Sigma, Co.Sigma One-Lok SLDE AWWA C153 4" - 24" 10/12/10 E1-24 Interior Restrained Joint System S & B Techncial Products Bulldog System ( Diamond Lok 21 & JM ASTM F-1624 4" to 12" 08/16/06 E1-07 Mechanical Joint Fittings SIP Industries(Serampore)Mechanical Joint Fittings AWWA C153 4" to 24" 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.PVC Stargrip Series 4000 ASTM A536 AWWA C111 11/07/16 33-11-11 Mechanical Joint Retainer Glands Star Pipe Products, Inc.DIP Stargrip Series 3000 ASTM A536 AWWA C111 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore) EZ Grip Joint Restraint (EZD) Black For DIP ASTM A536 AWWA C111 3"-48" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe ASTM A536 AWWA C111 4"-12" 03/19/18 33-11-11 Mechanical Joint Retainer Glands SIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC Pipe ASTM A536 AWWA C111 16"-24" * From Original Standard Products List 5 Approval Spec No.Classsification Manufacturer Model No.National Spec Size CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated:11-6-24 Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15) Resilient Wedged Gate Valve w/no Gears American Flow Control Series 2500 Drawing # 94-20247 16" 12/13/02 Resilient Wedge Gate Valve American Flow Control Series 2530 and Series 2536 AWWA C515 30" and 36" 08/31/99 Resilient Wedge Gate Valve American Flow Control Series 2520 & 2524 (SD 94-20255)AWWA C515 20" and 24" 05/18/99 Resilient Wedge Gate Valve American Flow Control Series 2516 (SD 94-20247)AWWA C515 16" 10/24/00 E1-26 Resilient Wedge Gate Valve American Flow Control Series 2500 (Ductile Iron)AWWA C515 4" to 12" 08/05/04 Resilient Wedge Gate Valve American Flow Control 42" and 48" AFC 2500 AWWA C515 42" and 48" 05/23/91 E1-26 Resilient Wedge Gate Valve American AVK Company American AVK Resilient Seaded GV AWWA C509 4" to 12" 01/24/02 E1-26 Resilient Wedge Gate Valve American AVK Company 20" and smaller *E1-26 Resilient Seated Gate Valve Kennedy 4" - 12" *E1-26 Resilient Seated Gate Valve M&H 4" - 12" *E1-26 Resilient Seated Gate Valve Mueller Co.4" - 12" 11/08/99 Resilient Wedge Gate Valve Mueller Co.Series A2361 (SD 6647)AWWA C515 16" 01/23/03 Resilient Wedge Gate Valve Mueller Co.Series A2360 for 18"-24" (SD 6709)AWWA C515 24" and smaller 05/13/05 Resilient Wedge Gate Valve Mueller Co.Mueller 30" & 36", C-515 AWWA C515 30" and 36" 01/31/06 Resilient Wedge Gate Valve Mueller Co.Mueller 42" & 48", C-515 AWWA C515 42" and 48" 01/28/88 E1-26 Resilient Wedge Gate Valve Clow Valve Co.AWWA C509 4" - 12" 10/04/94 Resilient Wedge Gate Valve Clow Valve Co.16" RS GV (SD D-20995)AWWA C515 16" 11/08/99 E1-26 Resilient Wedge Gate Valve Clow Valve Co.Clow RW Valve (SD D-21652)AWWA C515 24" and smaller 11/29/04 Resilient Wedge Gate Valve Clow Valve Co.Clow 30" & 36" C-515 AWWA C515 30" and 36" (Note 3) 11/30/12 Resilient Wedge Gate Valve Clow Valve Co.Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) 05/08/91 E1-26 Resilient Seated Gate Valve Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" *E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #74 3" to 16" 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes 08/24/18 Matco Gate Valve Matco-Norca 225 MR AWWA/ANSI C115/An21.15 4" to 16" Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14) *E1-30 Rubber Seated Butterfly Valve Henry Pratt Co.AWWA C-504 24" *E1-30 Rubber Seated Butterfly Valve Mueller Co.AWWA C-504 24"and smaller 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezurik Valves Co.AWWA C-504 24" and larger 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp.Valmatic American Butterfly Valve.AWWA C-504 Up to 84" diameter 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 AWWA C-504 24" to 48" 03/19/18 33 12 21 Rubber Seated Butterfly Valve G. A. Industries (Golden Anderson)AWWA C504 Butterfly Valve AWWA C-504 30"-54" 09/03/24 33 12 21 Rubber Seated Butterfly Valve American AVK Company AWWA C504 Butterfly Valve Class 250B AWWA C-504 24" - 48" Water - Polyethylene Encasement 33-11-10 (01/08/13) 05/12/05 E1-13 Polyethylene Encasment Flexsol Packaging Fulton Enterprises AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment Mountain States Plastics (MSP) and AEP Ind.Standard Hardware AWWA C105 8 mil LLD 05/12/05 E1-13 Polyethylene Encasment AEP Industries Bullstrong by Cowtown Bolt & Gasket AWWA C105 8 mil LLD 09/06/19 33-11-11 Polyethylene Encasment Northtown Products Inc. PE Encasement for DIP AWWA C105 8 mil LLD Water - Sampling Station 03/07/23 33 12 50 Water Sampling Station Kupferle Foundry Company Eclipse, Number 88 , 12-inch Depth of Bury As shown in spec. 33 12 50 09/02/24 33 12 50 Water Sampling Station Mueller Water Products, Inc.Model BSS01-36-MUDG2-CSD-NL, Freeze Proof, Hasp for Locking Access Hatch This product removed Water - Automatic Flusher 10/21/20 Automated Flushing System Mueller Hydroguard HG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent) 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9800wc 04/09/21 Automated Flushing System Kupferle Foundry Company Eclipse #9700 (Portable) Yellow Highlight indicates recent changes The Fort Worth Water Department’s Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department’s Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department’s Standard Specifications and the Fort Worth Water Department’s Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department’s Standard Specifications or is on the Fort Worth Water * From Original Standard Products List 6