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Contract 51953
CITY SECREARY CONTRACT NO. ► FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Sanitary Sewer Rehabilitation Contract 93 City Project No. 100420 Sewer Project No.59607-0700430-100420-01787 X-25444 Betsy Price David Cooke Mayor City Manager Christopher Harder, P.E. Interim Director, Water Department Prepared for The City of Fort Worth Water Department ., CSS AIDAP July 2018 "'° ...,n„��.'.. 11134a Y Prepared by: r* , rpt % L HHAYDEN 5646 Milton Street,suite 500 Dallas,Texas 75206 (214)753-8100 �Q TBPE REG#00640 �E6I EOFFICIAL RLWHO OF�d1 ' N' Gl G1 S�G�� Y SECI�E�'AR'�f. WORTK°I'�I FORT WORTH,, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00- 1 STANDARD CONSTRUCTION SPECfFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalificat.ions 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01- General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remohilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTfI Sanftarv_ Sewer Rehabilitation Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crty_ Project No 300420 Revised February 2.2016 000000-2 STANDARD CONSTRUCTION SPECIE€CA'170N DOCUMENTS Page 2 oro Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps_ rcJcct �int_h tl.�sa�v.co� /client//foi-twoi•thaoyLZesources/02%20- %20Construction%20Doct1tTtentsfS ecifications - Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandon€nent 0241 15 Paving Removal Division 03- Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 26- Electrical None Division 31 - Earthwork 31 1000 Site Clearing 31 23 16 Unclassified Excavation 31 2500 Erosion and Sediment Control Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 32 0i i 9 Tempar-ai:y Asphalt Paving Repair- 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1-725 Curb Address n.,iniing 3231 13 Chain Fences and Gates 3231 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 33-Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) inspection CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract STANDAItD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised February 2,2016 00 00 00-3 STANDARD CONSTRUCTION SPECIFICATION DOCUML-NTS Page 3 of4 3304 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation,Embedment, and Backfill 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade 33 05 17 Concrete Collars 3305 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 31 12 Cured in Place Pipe(CIPP) 3331 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 3331 15 11igh Density Polyethylene(HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures Division 34-Transportation 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions FC-n nn Underground Facilities GG 4.06 P.,z.,,.,ous 1~14,,;,,,,,,,,,,,,,+.,1 G.'90.1:tion.,t Sit,- GC-6.06.D it,GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.09 pepmits afld utilities GG 6-24 NendiserimgnatiOH GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised February 212016 00010-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I ot,1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project- rYI&C insert shall be on hhre paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPFCII(CATION DOCUMENTS City Project No 100420 Revised July 1,2011 City of r®rt Worth, Texas n Mayor and o��nd'. 000no�undco�on COUNCIL ACTION: Approved on 121412018 - Ordinance No. 23491-12-2018 DATE: Tuesday, December 4, 2018 REFERENCE NO.: **C-28950 LOG NAME: 60SSR93P2-CIRCLEC SUBJECT: Authorize Execution of Contract with William J. Schultz, Inc., d/b/a Circle C Construction Company, in the Amount of$1,374,880.00 for Sanitary Sewer Rehabilitation Contract 93, Part 2 Located within the Rosemont and Worth Heights Neighborhood Association and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of$1,650,732.00 from available funds; and 2. Authorize execution of a contract with William J. Schultz, Inc. d/b/a Circle C Construction Company, in the amount of$1,374,880.00 for Sanitary Sewer Rehabilitation Contract 93, Part 2 and provide for project costs and contingencies (City Project No. 100420). DISCUSSION: This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated sanitary sewer mains on the following alleys: Street JFrom ITo Alley between South Main Street and East Ripy Street East Pafford Bryan Avenue Street Alley between Bryn Street and Stuart DriveR2ipy 00 feet South of East East Pafford Street Street Alley between Stuart Drive and Janes East Butler Street West Dickson Street Street Alley between East Pafford Street and May Street Jones Street East Fogg Street Alley between West Fogg Street and East P ay Street Bryan Street Drew Street Alley between St. Louis Street and South West Dickson Street East Pafford Main Street Street The project was advertised for bid on July 19, 2018 and July 26, 2018 in the Fort Worth Star-Telegram, On August 23, 2018, the following bids were received: Bidder Amount Time of Completion William J. Schultz, Inc. d/b/a Circle C Construction, $1,374,880,00 Calendar Days Co. Ark Contracting Services, LLC $1,531,300.00 LR & D Brothers, Inc. $1,761,355.00 Gratex-Tex Utilities, inc. $2,002,270.00 ----]Jackson Construction, Ltd $2,330,465.00 In addition to the contract amount $207,108.00 is required for project management, material testing and inspection and $68,744.00 is provided for project contingencies. This project will have no impact on the Water Department's operating budget when completed. Construction is expected to start in November 2018. M/WBE OFFICE: William J. Schultz, Inc., d/b/a Circle C Construction Company is in compliance with the City's BDE Ordinance by committing to 0 percent MBE participation and documenting good faith effort. William J. Schultz, Inc., d/b/a Circle C Construction Company identified several subcontracting opportunities. However, the firms contracted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 25 percent. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Fund. The Fiscal Year 2019 Water Operating Budget includes appropriations of$ 35,856,873.00 for the purpose of providing Pay-As-You-Go Funding for Sewer Capital Projects. After this transfer for Fiscal Year 2019, the balance will be $34,037,934.00. Appropriations for Sanitary Sewer Rehabilitation, Contract 93, Part 2 are as depicted below: FUND Existing Additional Project Total's Appropriations Appropriations Water & Sewer Capital $0.00 $1,650,732.00 $1,650,732.00 Projects Fund 56002 Water Capital Fund 59601 $90,001.00 $0.00 $90,001.00 Sewer Capital Fund - Legacy 59607 $355,000.00 $0.00 $355,000.00 [Project Total $445,001.00 $1,650,732.00 $2,095,733.00 Numbers rounded for presentation. FUND IDENTIFIERS (FIDs): TO Fund Department Accoun Project Programrctivity Budgdt Reference# maun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Chris Harder 5020) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS 1. 60SSR93P2-CIRQLEC-Map.pdf (Public) 2. 60SSR93 2-CIRCLEC 56002 A019r.docx (Public) 3. Q0SSR93P2-CIRCLEC 1295 - Redacted.Ddf (Public) memo.odf (CFW Internal) 4. 60SSR93P2-CERCLEC Compliance 5. 60SSR93P2-CIRCLEC FID Table (Dan).docx (CFW Internal) B. 60SSR93P2-CIRCLEC SAM.pdf (CFW Internal) i `)112/1010 CITY OF PORT WORTH WATER DEPARTMENT ADDENDUM NO.) SANITARY SEINER REPLACEMENT CONTRACT 93,PART 2 CITY PROJECT NO. 100420 ADDENDtIM RELEASE DATE:August 14, 2018 INFORMATION TO BIDDERS: The Drawings and Contract Docu[nents for the above referenced project are hereby revised and amended as follows: The Invitation to Bidders shows the new bid due date of Thursday,August 23,2018. The bid proposal has been modified: 1. Bid Form now shows Time of Completion to be 270 days and is to be replaced with the attached Bid Proposal. 2. Bidder's Application now shows: a. Sewer Service replacement for pipe enlargement and for by open cut,separately b. 'free removal notes and quantities added(separated by tree caliper ranges) c. Fence replacement notes and quantities added(separated by fence type) d. Temporary fence during construction c. Are-Construction CCTV to have 2,6100 linear feet f Post-Construction CCTV to have 7,0.0.0 linear feet g. To match the plans, the Yid item for steel casing was revised to concrete encasement (CY)for line L-2213 on sheet 13 of 41, it. A bid item was added to quantify the number of proposed sanitary sewer lines connecting to existing manholes. i. A hid item was added to quantify the 5F of gravel driveway replacement to reflect what is shown on the plans. j. A bid item was added to quantify the CY of CLSM Plowable Fill(on plan sheet 4). k. A bid item was added to quantify the LF of temporary,pavement repair(2" HNbIAC on 6" CTB). I. The bid item"Remove and Replace Existing Fences"was removed. M. 'I1te quantity for "Sal; Adjustment for Pipe Enlargement" was increased from 50 LF to 200 LF. n. The method of construction for a pipe segment on sheet 7 was changed to "By Pipe Enlargement" 3. Prequalification Statement now shows asphalt/concrete subcontractor is not required. The plans have been modified to show-- I. how:I. Tree removal 2. Fence Replacement 3. On Sheet 7 (I.,-1349), part of the line is to be installed by"Pipe Enlargement"and part of the line by open cut. 4. Line L-2213, construction method was changed from `BY OPEN CUT METHOD" to "PIPE ENLARGEMENT"for sewer pipe segment station 23+05.58€o station 26-+48.41. AVONDALE-HASLET ROAD--EAST ADDENDUM#1 Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RFC:.IUV"ED & ACKNOWLEDGED ADDENDUM NO. J" Failure to acknowledge the receipt of Addendurn No. l could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. A sued copy of this addendurn shall be placed into the proposal at the time of bid SUbmittal. RECEIPT,AC-}CNO WLEDGED: Ey° Christopher Harder J Interim Director, Wateti>+aAment Title: By:Roberto C_ ticec a,P.E. Title: Senior Professional Engineer Addendum No-1 -ri 19'.:3(`xtkkxRL SY7CTION 00 42 43 PROPOSAL..FORK€ UNIT PRICE BID Bidder's Application Project 3rerst Inlom:atl�n f3tdde{s PrnposaF Bi,jW Item No €k"Prion SpKifreation SrcHon No. Uwt of Bid Meatme Qttaatilp Unit Price B,d Vatat efts ctrer lm r y Jz 1 3331.4115 a" a 3911]2 LF 4150 2 3331.421515"PVCSewer Pipe_ 331110,333112,333120 lF 110 3 3331.1104 12"to-Pipe FAIa ement 4 3331.4119 333123 tF ]75 _-- R"DIP Sewer Ptpc - 333123 5 3331-1102 6"tab"Pi eEnlargamentAy33DpcPipe 333129 LF M00 5 3331.0103 Sag AdJustmeril for PE a Enlar ement 3331 22,333123 tF 200 - 3331.331.14"Sewer Service Reimtoterltenl Lndu(fing 4"Service arw 4'-2.w4y 7 setwceclRansut[forO en Cutlnstallatyan) 33 al 54 EA 190 3331.3311 4'Sewer SvpAce Rinstaf4ipped Ltm pips tn4*gemlm irlbltrh"1' S S 411.end d' }wafr emrr Gwn9w1A33130 tJl 70 9 3339.10014'Mavmojr - 10 333910,333920 FJl s9 3339.1002 4`Drs Manhole 33 39 1833 39 20 EIL I ii 3339.14034'EW.NpthManhole 333910;339920 VF 2S 12 3_339.1004 4'Shattow Manho€e _...._ --�._..� 333910,333920 EA 1 -� 13 0241.2201 Remove 4'Seater tvlanhole 024114 FA 16 14 3339,LR1tl1E oxy Manholeilner S ectra51a3eltE 333964 VF 90 15 33R5-0108.M€stet€aneous Structure Ad nstment-Exlsl.MH Cpne&Alm 330514 FA g i5 Cprtnert Prp ed.5ts+vist.Prpe to Ex3s111�$tnyef M1AsNIo3Y 1A .A 17 3305.03 12 C4,ncrete CoHar �~ f 3305]7 4A 2N 18 3M.9116Cevtcrete Ence.SertrenCfot Ut€tl 'PI ; 93 in 10 ry 1 29 3305.0113 TreOch Wa1ef SI s Cia +Jam 20 3305 70 EA 15 3305.Oz03 ed'EmLedmeat/RackfO C15M 3305]4 [} 10 2I 3201.0201 A haft Pvmt Re- a€r Beyond Defined Width,fteztdgntml 1 370117 Sy 200 22 d201:04001e r- Aspka#�Pav#ng.F4 it 7"HM.Atdn('CTA 120111 R iih 33 320L0112 5'iyHle AtiRhaft Pvmi Re air,Reslden0al 320117 LF z00 24 3253.f3401S^Goncrete5idewa€Er/(k€vewa 321320 5F $90 25 3216.0101 6'C*nc Curb and:Gotter 40 321613 U26 3233.alii Cfigin'L3aLlfece hePFarrm#M1L 3.!31 13 U 240 27 3231.tIF131Ylou 0mg F41tte he [a4olM1rrtL 3M11 lF 190 28 3231 9112 Wmd FUN r Kr aoetaelH 29 A �X119 " LI 750 3301.0001 Rr[(-i3!Fnspecttan t 0131 LF___ ] 30 3301,0002 Post-CaV IM-Pe on 330131 LF TON "- 3k 330].0101 ManhoFe Vacuum Tatting 33'0130 FA 32 3305.0303 FxPLnra[o Excavatiou of Exiztfn Iltlhtiea 330530 EA 7 '--- 33� 0241.2081 Sardiary Line Grouting 02 41'34 EA -- "- ....... _ 15tl 34 245.2102 6"Soyer Abapdanmerrt Plug 02$1.14 EA 2 - 35 3305.MW'FremhSafety 330510 tF y340 36 329204 SPedi k df uich 322913 5y 67W 32 32.13:!3351 5"CoPrl}t#BrlrRwa E sN IP a 371320 SF 5F 1750 312506 38 3125-01015VIPPP>lacre 3 _ 39 CxtmtructionAHowarKe[pre•eld 95999 IS 1 40 Ae 1,-1-3-78 inch Storm❑rain pipe $ 100,000.00 $100,400.00 _ 99949 U 20 41 Conztztuiinn Staking 99999 LS I .,- 42 COnttfudiuri Survey[Red Une As-Quilt OFaw€ng5 99949 LS 1 43 3471.00f11Ttatfi[CpAtrOf 34 7113 tA(f 12 44 3110.01.02&-12-Tree 4e wal ]?:1006 [ 45 3110A3031.2"-113-1terlle'M1ova[ 111400 [4 4 45 3110.010524'-lee CrStReAerstaval 31soM Eh ] 47 Tempor Fence 99' 99 U 5104,000,00 COTE:t Has hi : rtd inieH43t lt23e htrn adJtd ar rned'eOrJ P1,?lddtedom te.l Tom 01, 1:ND OF SEC"ON My Dr Hx rwoRTu 51AMMM)CONSTRi.Y`tl"hti SPECIE-CR71fN<1N1Cf3.iA:tflS r.,l„A_nx3163:43 Y. 0Itw ia/4313_W+ )43 P:-1�]�i.=3r 12 s,i51a 1i,14 Y,uAErwi,N'srrh lk;pMt_A.1.`:9sr.x td.I Fpa:.a9i CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.2 SANITARY SEWER REPLACEMENT CONTRACT 93,PART 2 CITY PROJI C1'NO, 100420 ADDENDUM RELEASE DATE: August 21,2018 INFORMATION TO BIDDERS: The Drawings and Contract Documents for the above referenced project are hereby revised and amended as follows: The Invitation to Bidders shows the new bid due date of Thursday,An st 23.2018. The bid proposal has been modified please delete previous version and replace it with the attached addendum No.2 proposal.here attached. Please acknowledge receipt of the Addendum in the following locations.- (1) ocations:(1) In the space provided below (2) In the amended Proposal (3) Indicate in upper case letters on the outside of the scaled bid envelope; "RECEIVED& ACKNOWLEDGED ADDENDUM NO.Z" Failure to acknowledge the receipt of Addendum No.2 could cause the subject bidder to be considered "NON-RESPONSIVE', resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIl -ACKNOWLEDGED: By: ii .a r �'- ............ Christopher Harder - Interim}Director Water Department Title: Ay:Roberto C. Sauceda, P.I . Title: Senior Professional Engineer u==_.J wn rsrnFzJsnl. 3`nje f.,r 1 SECTION 09 42 43 PROP©SALFORM UNIT PRICE BID Bidder's Application Proleir Item 1aFvnnefbn Brddera lYopasal Sidlin teem Drseri Faun No P S�+dBcafion Seetion N. Unit of Bid Unit Ni- 91a valim M 'Wfe Ql an[Ry Sanifo Server lm my mmrs 1 3331.4125 a"PVC Sewer Pipe 331112 IF 4150 2 3331.4215 15' Sewer Pi a 3311 70 333112,333120 Lf Ila 3 3331.1104 I2"to 16"Pi a Enlar ement A13123 LF 175 4 3331.4139 8"RtF Sewer Pie 33 31 23 LF 570 5 3331.7102 61 Ia A'PI Er l* tarem IF{JPC a r m W f1 !I 2l+R 5 1331.0103 Sag Atustlnlcnt for Pipe Enlargement 33 11122.343123 LF 200 3331.33114"Sewar Service 116nstatcment IfIC104119 4"Service and 4"=2 way 333150 EA 180 7 Service Cleanout fmOpen Cut fnstallatmn 3331.33114"Sewer Setvire 8einstatrmert I"Pipe Enlargemantlnciuding 4' 333?50 EA 70 8 Servtte and 4"-2 wayService Cleanout 9 3339,10014'Manhole 33 39 10,33 39 20 EA 19 10 13339.10024'Drop Manhvle 233910_33392D EA I t1 13339.ID034'Extra Dt th Manhole 333910,333920 VF 25 12 3339.1004 4'Shaltow mann le 33 39 10 33 39 20 EA I 13 10241.2201 Remove 4'Sewer Manhole 024114 EA 16 14 13339.0001E itManhole Liner 5 We Shieldj 333960 VF 90 15 3305.OEOamiscellaneousStructureAdustirow-Exist.M1iCone&RLm 330514 EA a 16 ICnnmt Pr ed Sewer Pipa to Existha Sewer MartLaole £A 9 17 33050112 Concrete Collar 330517 FA 78 18 3305.0315 ConercteEncasemantfor Utility Pipes 330510 CY 10 19 3305.0113 Trench Water Stops Cla Darn 330510 EA 13 20 3.305.0203 hrs ed Embcdmcnt/Backf%CtSM 330510 CY 25 21 MIAMI As halt Pv it Repair Be nd We -d Width,Residentiar 320117 SY _260 22 3201.0400 Tempray As halt Paving Re air 2"HMAC on 6"CTB 32.01.18 LF SOD 23 32010112 5"Wide Asphalt Nmi JI-r,,ResidantiA _ 3201,17 IF SOtt 24 3213-040I 6"Concrete 5adewxlk/Drivawzy 321320 SF a0a 25 3215.0101 6"Conc Curb and Gutter 32 16 13 LF 40 5 3't}is 113 r!WI-k LOA fcnirf flimWemetrt tel 3111 !.! im 27 it 11 0113 We... A-Ieher ILs44ate"nenl J.1 IL!u !#' ■LIS 28 3231. 12 Frl}tr flerylacrfaent 323129 tf 750 29 SAOTC00I ins eetlon _ 330131 IF 2600 _ 30 33fri.0002 Ptfsi-CCW ms edian 330131 tF 7000 --� 31 3301.0I01 Manhole Vacuum Testing 330130 EA 1 2" 32 3305.0703 Ex lorat-y Excavatton of Epj,tt1rLg LJIQ0 f 330530 EA 7 3.4 WAIAVJs3wtm WorfA+ftPlAr a41J4 fm mD 34 241,21026'5ow+rAO*04 mnentPry 0241 Ji EA 2 35 3305.0109 Trench Wit 330510 IF 5140 36 3292-4345eedin ff drvmukh 322919 SY 6700 17 311MAN iF,-im lhkkeimmmeGbioewe rr11x.4 •. *!. 321320 3t latill 38 3125.0101 SWPPP>Iacm 312500 7S ! 39 Gond 1)e A1La,r E Pra-;h 39715 tS 7 8 dL Uh $8a[h}000 40 flepatr ExmIqF 76 Inch Storm Oram Piee_ -- - 99353 LF 20 41Constretelion Staktrag _ 99999 LCIi Construction Sume Red tine As-Built Drawln s 99999 LS 1 43 3471.0001 Trafftc Canhol 347113 �mo 17 44 3110.01Q2 6"-12'Tree Removal 311000 EA 53 45 3110.010312"-18"Tree Removal 311000 E!l 4 46 3210,010514'and Larger Tree Removal �- - FEF4qt�J� 47 fi � ulvS re 77 _ •,•�. 7star Sid �I►O,pOp9@t xaliJlelw�ammur+„nuns^I.rI.�.!'e�132Frrrrrtaarlw��Iu.Y.�' ENE,OFSECTION crrrca fust)J'OFi J)I 4 rviu W)i`i�-S gA1JC t:rd t%;CIr SC'hTtiN l%%':J1f:.�'r tcmRertynE PCt=0130 rY.,prsirsssJ TnR We7KV dJ}}}3Wi?JJ Wri J].£A S53:_ifi)J!3_➢Id hnye,aE trrrsswax Adlerivn Mn Zr<. 00 11 13- 1 1NVITATfON 1013IDDERS Page 1 01-2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Sanitary Sewer Rehabilitation Contract 93 and Water 5 Improvements (Worth Heights Neighborhood)will be received by the City of Fort Worth 6 Purchasing Office- 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street I I Fort Worth,Texas 76102 12 until 1:30 P.M. CST, Thursday,August 16,2018,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 Sanitary Sewer Line Improvements: 18 4125 LF 8" PVC sewer pipe, 110 LF 15"PVC Sewer Pipe, 175 LF 16" PVC Sewer Pipe, 740 LF 19 8"DIP sewer pipe, 1770 LF 8"Pipe Enlargement by HDPE pipe, 240 EA sewer services, 20 EA 20 4' sewer manholes, 25 VF extra depth sewer manholes, 1-4' shallow manhole, 90 VF 21 SpectraShield epoxy liner sewer manhole. 22 23 PREQUALIFICATION 24 The improvements included in this project must be performed by a contractor who is pre- 25 qualified by the City at the time of bid opening. The procedures for qualification and pre- 26 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 27 28 DOCUMENT EXAMINATION AND PROCUREMENTS 29 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 30 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.lzov/purchasinW and 31 clicking on the Buzzsaw link to the advertised project folders on the City's BUZZsaW site. The 32 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 33 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 34 Parties Form 1295 and the form must be submitted to the Project Manager before the 35 contract will be presented to the City Council.The form can be obtained at 36 https://www.ethics.state..tx..us/tec/1295-Info.htm . 37 38 Copies of the Bidding and Contract Documents may be purchased from Hayden Consultants, 39 5646 Milton Street, Suite 500, Dallas,TX 75206 40 41 The cost of Bidding and Contract Documents is: 42 Set of Bidding and Contract Documents with full size drawings: $80 43 Set of Bidding and Contract Documents with half size(if available)drawings: $50 44 45 46 47 48 49 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 and Water Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 100420 Revised December 22,2016 0011 13-2 INVITATION TO BIDDEIZS Page 2 of 2 I PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 3 BIDDERS at the following location, date, and time: 4 DATE: July 30,2018 5 TIME: 10:30 AM 6 PLACE: 311 W 10th Street 7 Dort Worth,Texas 76102 8 LOCATION: City of Fort Worth Water Department 9 10 I I CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 [Use the fbllowing paragraph?f required.fbr State or Federal Funding] 15 FUNDING 16 Any {Contract) {o1) {Contracts} awarded under this INVITA'T'ION TO BIDDERS (is) (are) 17 expected to be funded from revenues generated from (userfees) {bonds} {grants) {etc) and 18 dedicated by ((Resolution)) of((OWNER's Administrative Board)) to the work under this 19 INVITATION TO BIDDERS. 20 21 INQUIRIES 22 All inquiries relative to this procurement should be addressed to the following: 23 Attn: Robert Sauceda,P.E., City of Fort Worth 24 Email: Roberto.Sauceda@fortworthtexas.gov 25 Phone: 817-392-2387 26 AND/OR 27 Attn: Adam Cross, P.E., Hayden Consultants, Inc. 28 Email: across(a)haydencansultants_com 29 Phone: 214-783-8100 30 31 ADVERTISEMENT DATES 32 July 19, 2018 33 (List second dale for advertisement, e.g. December 22, 2 01 1} 34 35 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 and Water Improvements STANDARD CONSTRUCTION SPECIFICATION DOCI IMFNTS City Project No. 100420 Revised December 22,2016 0021 13- 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1."Perms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership,company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership,company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 12.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.LNeither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalifcation of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding.Bids received from contractors who are 36 not prequalified (even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving Requirements document located at; 40 hsroj ectpoi nt.b uzzsaw.cam/fortworthov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPi-equalification/I'P_W%2OPavin; 42 %20Contractor%2OPrequaliftcat ion%20Prograln/PREOUALIF ICA TION%20REQ 43 UIREMEN'fS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https:Hproiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%20Pre ualification%20Program/PREOUALIFICATION%20REQ 49 U IREMENTS%20FOR%20PA V1NG%2000NTRACTORS.PDF?public CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Proiect No. 100420 Revised August 21,2015 0021 13-2 1NS'INUCTIONS TO BIDDERS Page 2 of 9 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 httpsa/I)roieetpoi nt.buzzsaw.comlfortwortligov/Resources/02°/a20- 4 %20Construction%20Docurneents/Contractor%20Pregualification/Water%20and%2 5 OSanitar %20Sewer%2OContractoi-%2OPi-equalificatioii%2OProRram/WSS%20nre 6 _qual%2Orequireinents.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 10 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 11 45 11, BIDDERS PREQUAL,IFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City, in its sole 19 discretion may require, including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information, a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information, if requested, may be grounds 26 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.1n addition to prequalification, additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid,each Bidder shall: 35 36 4.1.1..Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including"technical data" referred to in 38 Paragraph 4.2. below). No infbnnation given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 43 site conditions that may affect cost, progress, performance or furnishing of the 44 Work. 45 46 4-1-3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 CITY OF FORT WORT]1 Sanitary Seaver Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS City Project No. 100420 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site (except Underground Facilities)that 4 have been identified in the Contract DOCulnents as containing reliable "technical 5 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish.All additional information and data 1 I which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto,shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research, investigations,tests,borings,and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations, investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work, time required for its completion, and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates, investigation, research,tests,explorations,and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents.The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Protect No. 100420 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be tnade available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data, interpretations, opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means, methods, techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated 27 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work, Etc. 32 33 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in perfonning the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent strictures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTII Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised August 21,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easements,and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throcictnorton Street 20 Fort Worth,TX 76102 21 Attn: Susan Schwinger, P.E., City of Fort Worth Water Dept. 22 Email. susan.schwinger(cr)fortworthtexas.gov 23 Phone: 817-392-6529 24 25 26 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 27 City. 28 29 6.3.Addenda or clarifications may be posted via Buzzsaw at: 30 hitps://pi,ojectpoint.buzzsaw.com/ bz rest/Web/Horne/Index?folder=1094225#/_bz_rest 31 /Web/Item/items?folder 1855662&count-500&start=0&ownership=Home 32 33 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 34 INVITATION TO BIDDERS_ Representatives of City will be present to discuss the 35 Project. Bidders are encouraged to attend and participate in the conference. City will 36 transmit to all prospective Bidders of record such Addenda as City considers necessary 37 in response to questions arising at the conference. Oral statements may not be relied 38 upon and will not be binding or legally effective. 39 40 7. Bid Security 41 42 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 43 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 44 the requirements of Paragraphs 5.01 of the General Conditions. 45 CITY OF FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 I 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 S. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in I 1 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C. of the General 26 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts.A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate.The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST, on the second business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1- The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Rcvi sed August 21,2015 0021 13-7 INSTRUC IONS 7O BIDDERS Page 7 o1`9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 I2.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37--Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, (narked with the City Project Number, Project title,the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised August 21,2015 0021 13-8 INSTRUCTIONS TO BIDDFRS Pagc 8 or 1 14. Modification and Withdrawal of Rids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duty executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor ofthe unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONS"FIZUC"I ION SPECIFICATION DOCUMENTS City Project No. 100420 Revised August 21,2015 0021 13-9 INSTRUCTIONS TO KIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice ol-Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests ofthe City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Sanitary Se',i-er Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICA']ION DOCUMENTS City Project No. ]00420 Revised August 21,2015 00 41 00 BID FORM Page 1 of 9 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 761.02 FOR: Sanitary Sewer Rehabilitation Contract 93 City Project No.: 100420 Units/Sections: Unit 2: Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDE=RS, including without limitation those dealing with the disposition of Bid Bond, 22. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph_ a "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPF.00CATION DOCUMENTS Form Revised 20150821 Proposal SS93 Pari 2.-00 410000 43 13,_00 42 43.00 43.37_07 45 12_0.0 15 13 Bid Proposal Workbook_Addendum No.2.xls 00 41 DO BID FORM Page 2 of 8 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Wastewater rehabilitation up to 16"by open cut b. Wastewater rehabilitiation up to 8"by pipe bursting c. Asphalt paving<40,000 SY, Concrete paving K5,000 SY 4_ Time of Completion 4.1, The Work will be complete for Final Acceptance within 270 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b• Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Pre.qualification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 'if necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount, in the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC]RCATiON DOCUMENTS Form Revised 20150821 PrnPosal SS93 Part 2_00 41 00_00 43 13_00 42 43_00 43 37_100 45 1200 35 13_Bid Proposai werklbcofc_.4ddepdum No.2.xis 00 41 00 BID FORM Page 3 of 9 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3_ FVPP- ifLE 4l 4 1 F Al l i,I r;.rt im Lig1 : e3i.ig?}::,<s ;s I GI Yik; Ii4 iLa ti! #REI! Moi nair E31ri {iii 4 11 tis V appy -c :fl i #REFI delef a 3- #REE! de;e - #REF! Total Bid 51,374,880.00 7. Bid Submittal This Bid is submitted on August 23,2018 by the entity named below. Respectfully submitted, Receipt is acknowledged of the following Addenda: nitial By: �...r c. �'`"�. '� Addendum No. 1: ;7513 (Signature) Addendum No.2: TSS Addendum No.3: Teresa S SkeUv Addendum No.4: (Printed Name) Title: President Company: William J Schultz Inc dba Circle C Construction Compa Corporate Seal: Address: PO Box 40328 Port Worth,Texas 76140 State of Incorporation; Texas Email: t IJy01GIreiacror1k1+gH,1i il.[xuil Phone: YQL,f rhnnv N111frnhor Moro END OF SECTION CITY OF FONT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Proposat SS93 Part 2_CO 41 00_00 43 13_00 42 4300 43 37_00 45 12_00 35 13—M Proposal Workbwk._Addendum No.7%1,s 004.113 BlD BOND Pogo a of 9 SECTION 00 43 13 BID BOND KNEW ALL BY THESE PRESENTS- That we, William J Schultz Inc dba Circle C Construction Company Bidder"herein and known as ,uuc-(y Nipr,�. I lem a corporate surety duly authorized to do business in the State of Texas,known as"Surety"herein,are hold and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of five percent(5%)of Bidder's maximum bid price,in lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors.,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Sanitary Sewer Rehabilitation Contract 03 0 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution Of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void- If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount.. PROVfDED FURTHER,that if any legal action be filed on this Bond,venue shalt Ile in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division, IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and Officers on this the day of 201& PRINCiPAt BY: ATTEST: Signature Witness as to Principal Name and Title CH y OF FORT WORTH STANE)ARD CONSTRUCTION SPEUFICATiON pgCUMENTS Form Revised.201"109 Proposal 5593 Pan 2_00 41 00_fSG 43€3 M 42 43004347 0045 12,,.DO 35 13W Propmal workhook Adderxclum No 2.xis 00 43 13 BID BONG Page Sof9 Address: SURETY.- BY: URETY:BY: Signature Name and'title Address: Witness as to Surety Telephone Number: Attach Power of Attorney(Surety)for Attorney-in-Fact 'Note: If signed by an officer of the Surety Company, there must be on file a Certified extract from the by laws showing that this person has authority to sign such obligation, If Surety's physical address is different from its mailing address,both must be provided.The date of the bond shaft not be prior to the date the Contract is awarded. EMD OF SECTION CITY OF FORT WORTH STANDARD COHSTRUCTfON SPECIFICATION DOCUWN IS Form Revised 20171 109 Pruposal SS93 Par!2__00 4100 0 43 13 00 42 43 00 43 j7-100 45 1200 35 13„,Bid Proposal workbook Addend-fn No 2 As ERCH �� BONDING COMPANY,- MERCI[AN us 13ONDINK; COMPANY (MMIJA[_) P O. BOX 14498- DES MOINES, ]()WA50306-3498 PHONE: t8OW 678-81 i 1 FAX: 615) 2-133-38-54 BID RAID PUBLIC MURK Bond No. N/A KNOW ALL PERSONS BY THESE PRESENTS: That William J. Schultz,Inc. dba Circle C Construction CompqDj P. O- Box 40328. Fort Worth.TX 76140 (hereinafter called the Principal) as Principal, and the Merchants Bonding Company(Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to City of Fort Worth. 1000 Thfockmorton Street Fort Worth Texas 76102 (hereinafter called the Obligee) in the full and just sum of( 5%of Greatest Amount laid } Five Per Cent of'Greatest Amount Bid Dollars good and lawful money of the united States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Signed and dated this 23rd day of August 2018 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Sanitary Sewer Rehabilitation Contract 93 and Water Improvements(Worth Heights Neighborhood) according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Nferchants Bonding Company(-Mutual)_ , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF,the Principal and Surety have caused these presents to be duty signed and sealed. Witness: William.l-Schultz, Inc.dba Circle C Construction Company - Principal I eresa S. Skelly. President Witness as to$Uwty: tfittesIK Merchants 13013ilw-Company(NIutttal} X ley John A.Miller Sheryl A. Kiutts, Attorney--iii-I=act. CON 0333(2115) MERCHAN BONDING COAA PANY- POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make.constitute and appoint.individually, John A Piller;John R Stockton.Sheryl A KhAts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bands and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23, 2011 and amended August 14. 2015 and adopted by the Board of Directors of MerchanisNational Bonding,Inc.,an October 16.2015. "The President. Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company.and attach the seai of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof," "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company,and such signature and seal when so used shall have the some force and effect as though manually fixed-" In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation- It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its;bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April. 2017 •Jp�10Naa-`'a• •��.-•''a AS ,y''.1(►� '' '� .s'�p, a��0 a MERCHANTS BONDING COMPANY(MUTUAL) MUTUAL) 4' MERCHANTS NATIONAL BONDING,INC. tn. .moi 2003 ��' ."�`� 1933 By �`.' .., _.•_ •�� -�Y •. .,-L1-� President STATE OF IOWA �a'aaa.s.a{f' ''-•a:•' COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.:and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies,and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. AL1 CIA K.GRAM Commission Number 767430 . `. �: My Comic fission Expires E+{,,:r April 1,2020 Notary Public (Expiration of notary's commission does not invalidate oris instrument) i.William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and Correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof.I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of August ,2018. �yY{aYa.bae� •-��a-a V6p Q 0. '. 2003 :c�= :y' 1.933 ::c a Secretary ',v��•..._...-•;��,• .•day �-••'��•�.• POA 0018 (3117) �'•'•.,{..:a. ••»a...a a+ .ERG TS BONDING GOMPANY� W RC HAN I'S BONDING COMPANY IrMUT1lAt s • VURC CAN C5 tiA l R)NA1 1tON DING, INC. P,0. BOX 14498 , DfS ,JMOINI1:5. MWA 5030G-3498 - 1501'1}f)79-81_71 - (51S)-243-3854 FAX 'lease send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding. Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, lora 50266 SUP 0073 TQC(2115) a�'2_2 iilF3 rRQt'r AL SECTION 00 42 43 PROPOSAL FORM � f � UNIT PRICE BID Bidder's Application IRaja-r L�c;n Infornrar%on Bidders l'rtix�v Jfidlul itcnr L"ria of Laid ..••-.•�.. No 6e5CriNian S* i' iSiAy U,il Print 8aAau $anlrary Sewer lmprnvemenG 1 3331.41158"PVC Sewer Pipe 331112 LF 4150 $ 50.40 5207,500.00 2 3331.42.15 15"PVC Sewer Pipe 33 11 10.33 31 12,33 31 20 LF 130 $ 12$.,00 $13,750-00 3 3331.1104 12"to 16'Pipe En€argement 3.33123 U _ 175 5 150 00 $26,250.00 4 3331.4119$"DlP Sewer Pipe 333123 LF 570 $ 120.00 $6&,400.00 5 3131.I1I1R6'ypR'P€C;W?J0ti3le1rmni9y116PLP9yo L ;1}111~,1 LF M50 $ 48.00 $104,64{].00 6 3331.0103 Sag AdNstrnaat tar Kpit[*rllfJr m 33 31 22,33 31 23 LF 200 $ 50-00 $10,W0.00 333133114"Sewer Serv:L'e ReinstatemenUncluding 4"Service and 4"-2 way 7 Service C3eanout(for Open-Cut.-IrJsteflatian) 33 31 50 EA 180S 1.040:130 $180;000.00 3331.33114'Sewer Service Reinstatement for Pipe Enlargement Including 4" 33 31 50 EA 70 8 Service and 4"-2 way Service Cleanout 1 1.200.00 $84,000.00 9 3339.10014'Manhole 33 39 10,33 39 20 EA 19 5 4,200:00 $79,800.00 10 3339.1002 4'Drop Manho€e 33 3910,33 3920 EA 1 $ 5,000,00 $5,000,00 11 3339.10034'Extra Depth.Manhole 933410,333920 VF 25 $ 150:00 53,750,00 12 3339,1004 4'Shallow Manhole 33 39 I0,33 39 20 EA 1 S 4,000:00 .$4,000.00 13 0241.2201Remoye4'bewerManhole 024114 EA 16 $ 800.00 $12,800.0.3 14 3339.0001 Epoxy ManhoteLiner l5pettrashield) 333960 vF: 90 $ 2511.00 $22,500-00 15 3305,0198 Misceflaneous S"Oure Adjustortont-Eaist.MH Cone&Rim 330514 rA 8 $ 1,500.00 $12;000.00 16 Connect Proposed Sewer r fpr to Existing Sewer Manhole EA 9 $ 1,000,00 $9;000.00 17 3305.0112 Concrete COW 336517 EA 28 $ 400.00 $11,200.(30 18 33115.0116 Contrete'EncassmentforU fitvPivos 330510 CY 1n $ 200.06 $2;000.00 - i9 3305.0113 Trench Water Stops Way Dam) 330510 FA 15 $ SW-00 $7;500:00 20 3305.0203 Imparted Embedment/Backfill,CLSM 330510 CY 25 $ 150.00 S3,'.750:00 21 3201.0201 Asphalt Pvmt Repair Beyond 13e1rned Width,Residential 320117 SY 200 $ 2.S.W 55,000:00 22 3205.4400 Temporary Asphalt Paving nepaiT 12^HMAC on 6"rt% 32 01 18 LF 500 $ 20.00 $Ia,000;00 23 3201.0112 5'Wide Asphalt,Pvmt.Repair,Residential 320117 LF 500 $ 55.00 $32,500:1121 24 3213,04016"Concretedldewalk/Driveway 32 13-20 SF 500 $ 15.00 $12,000.00 25 3216.0101 6"Cone Curb.and Gutter 32 16 13 LF 40 $ 45.00 $1,840.00 26 ]73i.{t11S Lhurtk I Ink€-,!,+RrOm-ment 3x Al t! L F WW $ 1560 $45,000.190 'iF 313L'44134VrU fli M1an Ferter Rt S 17 Y3]3 LF Hd $ 35.00 $7,000,00 .28 211.0432 Woad Fento Rer.'arpmmnl 32 31 29 LF 750 $ 20.00 $15,000-00 29 3301.0001 Pie-CCTVinspectirn 33 01 Al �1F 2600 5 5.00 $13,000.00 30 3301,W02 Post-CCTV inspection 33 01 3I LF 7000 $ 3-00 521,000.Ot1 31 3301.0101 Manhole Vacuum Testing 33 0133 EA 28 5 150.00 $4,200100 32_ 3305.01113 Erptt33t6ry 6cavation of Existing Utilities 330530 EA 7 S 1,01060 $7,000.00 .23 py1.9091 WiLufv UA&010" W 4611 LY 300 S 150.00 545,000.00 34 241.7 L02 6'Sewer Absnrinnrnral Plug 02 41 1A EA 2 $ .1,000,00 $2,000.00 35 3305.0109 Trench Safety 330510 LE 5140 $ 1,00 $5,140.00 35 3292.04 See61rt2,Hydromulch 322913 5Y 6700 $ 5.00 $33.500.00 h7 3213,049J4-inih7ltkk£[a5've Gr14 Dred r '4 3ai326 S� ,1017D MAO �r1Q094A4 .18 3111010#31vapr r l r=re 5.17500 13 1 $ 5,QW.U4 $�,OW.W 3s Camehrt1r11dnAftsmwtajftr ldj :84991! 'is i 5 6.0.406,3* 5$Q0047LIo 40 FlepairUtOlr-g iiJrLcNUapon riinFipm 9T399 LP 20 5 25.00 5500.00 41 Cpnstructian5taking 99999 L5 1 $ 5,000.00 $5,000.00 42 Construction Survey;Red Line As-Suitt.thawing$) 99999 LS 1 $ 5,000.00 $5,000.00 A3 3471.GWITraffic Control 347113 M4 12 'S 1,500.00 $19.000.00 44 3110.01026"-12"Tree Removal 311000 EA 53 $ 800,00 $42,400.00 45 3110.010312"-18"TreeRemoval 311000 EA 4 S 1,500-00 56,004,40 46 13110.0205 24"and I Arger Trpe RpmoVa1 311600 EA 3 $ 2„000.00 $6,000.00 47 lTpren=Fampq 9 tF 49DD 5 10.00 540,000.00 Tata1 Hid 31.374.880.00 !10Y'Lr4dcI hN&M,*ldleldWnlimtbu sdridwmodIllnljiw.Affderrdy_mk?ir@v3 • E3+7f CSF SkUTION 1311+a-Ie=k7 tS'SSkili -,4..011. ..i r i.JY r ii:4i C., 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 7 of 9 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable Contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder_ Resident bidders must check the box in Section B. A. Nonresident bidders in the State of Rt,lt+' I IF'.rY?Orr UI-ii II _our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of !Ixar- !lea>'ut P- . our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas.0 BIDDER. William J Schultz Inc dba Circle C Construction By: Teresa S Skelly Company PO Box 40328 (Signature) Fort Worth,Texas 76140 Title: President Date: m END OF SECTION CITY Of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revssed 20110627 Proposal SS93 Part 2_00 4.1 00_0043 13_00 42 43_00 43 37._04145 12_00 35 13—Bid Proposal WoAboak_Addendum No.2.xls 004512 BID FORM Pagel 8 of 9 SECTION 00 45 12 PREQUALIEICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Wastewater rehabilitation up to Circle C Construction 4130/2019 16" by open cut Wastewater rehabilitiation up to Circle C Construction 413012019 8"by pipe bursting Asphalt paving X10,000 SY, NOT REQUIRED N/A Concrete paving <5,000 SY The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: William J Schultz Inc dba Circle C Construction By: Teresa S Skelly Company _ PO Box 40328 (Signature) Fort Worth, Texas 76140 Title: President Date: - END OF SECTION CITY Or I"ORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Proposal SS93 Part 2...00 41 0000 43 13_00 42 43_00 43 37_00 45 12,,.00 35 13_8,d Proposal workbook Addendum No.2.xis 00 35 13 BID FORM Page 9 of 9 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent(hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form)and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form)pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. �2j4 3:i,�o'7a�N,r`+qC;S:Siaik3.�SL,uG���xrrYS�.CtC�.yi: � �yr4m,131111 ,Stste .bL' wliDE TJO IS.tr4 CIO Form does not apply CIO Form is on file with City Secretary _ CIO Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: William J Schultz Inc dba Circle. C Construction Comp By: Teresa S Skelly PO Box 40328 Signature: Fort Worth, Texas 76140 Title: President - END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20R0900al SS93 Part 2_00 41 00_00 43 13_00 42 43_00 43 3700 45 1200 35 13—Bid Proposal Workbook—Addendum No.2.xls 004511 - I BIDDERS PRLQUALIFICA IONS Page I of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12, Prequalif]cation 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification.Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and I 1 financial analysis of the contractor. The information must be submitted seven (7)days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation, LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.corn. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Slatemenis. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised,lLily I,2011 00411 -2 BIDDERS PRI QUALIFICATIONS Pai:e 2 of 3 l (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 1 1 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital =current assets--current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"NIA"should be inserted. 38 (2) A minimum of five(5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance- 50 c. The City will issue a letter as to the status of the prequalification approval. CH Y OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 S FANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. I WA215 Revised.lLily 1,2.011 0045 11 -3 BIDDERS PRLQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 S 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No_ 100420 Revised July 1,2011 0045 12-1 PREQUALIFICATION STATEMENT PaLc I of I 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Sanitary Sewer Improvements Paving Improvements 7 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 14 By: 15 Company (Please Print) 16 17 Signature: IS Address 19 20 Title: 21 City/State/Zip (Please Print) 22 23 Date: 24 25 END OF SECTION 26 CITY OF FORT WORT[I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July L 2011 FORT WORTH SECTION 00,45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation rlLimited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code ( ( ) - - - - -- - -- Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 0045 i3-2 E31D€ FR PRGQUALIFICATION APPLICATION Pap,e 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or ❑ Has less than $6,000,000.00 in annual gross receipts OR ❑ Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater, 350 Lf'and greater Tunnel ing—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development,24-inches and smaller Water Transmission,Urban/Renewal, 24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal, 42-inches and smaller Water Transmission, Development,All Sizes Water Transmission, Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCPV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTII Sanilary 5CVNCF Rehabilitation Contrdct 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20 2012 004 13-3 BIDDER PRFIQUALIPICATION APPLICATION Pa�c3 of MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construct ion/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CCIY OF FOR'r WORTH Sanitary Sewer Rehabililation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 0045 13-4 BIDDER PREQUALl1 ICA]]ON APPLICATION Page 4 oF$ 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2_ How many years has your organization been in business as a general contractor under your present name? List previous business names: 3_ How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5-Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual,other organization and reason. 7.1 las any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual,name of owner and reason. CITY OF FORT WORT]I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPFiCIFICATION DOCUMENTS City Project No. 100420 Revised December 20 2012 0045 13-5 BIDDER PREQUALIF]CATION APPLICATION Page 5 of R 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12_ What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer,director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse,child,or parent of an owner; officer, stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CH OF FORT WOR'I H Sanitary SeNver Rehabilitation Contract 93 STANDARD CONSTRUC1ION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20.2012 004-5 13-6 BIDDER PREQUALIFICA HON APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No.(if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF PORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 0045 13-7 BIDDER PRFQUAI.IF(CATION APPLICATION Page 7 of S 14. Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various".The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No_ 100420 Revised Decernber20.2012 004513-8 BIDDER PREQUALIFICATION APPLICATION Page A of BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Nalne: Signature_ Sworn to before me this day of Notary Public Notary Public must not be an officer,director, or stockholder or relative thereof. Cl7Y OF FORT WOR'rFI Sanitary Sewer Rehabilitation Contract 43 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20.2012 I 009526-I CONTRACTOR COM PLAANCE WITH WORKER'S COMPENSATION LA Page I of I I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW " 3 Pursuant to Texas Labor Code Section 406,096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 100420. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 W,11,0. +T��/sw��/fir 1 r- 44'- 11 t-i.pal L' c/oy Z"0,1-,w 0.1 By: /�li'ec34 12 Company (Please Print) 13 � 14 'eAp "�r'oX f�D.�Z� Signature: wrap 15 Address 16 17 � �L✓i���� 7a-or 7.w" Title: Z01.r/�:�r` 18 City/State/Zip (Please Print) 19 20 UE 1. CHELE S.LANKFORD 21 THE STATE OF TEXAS "'S'% Notary PTE 22 STP:TE OF TtiXASNotary ID#117594"23 COUNTY OF TARRANT cy comm.EV.odo er 7,2019 24 "a � . 25 BEFORE ME, the undersigned authority,on this day personally appeared 26 T-eW'e'=-n'a..' 'E�)gQ. 11 __._......_ , known to me to be the person whose name is 27 subscribed to the for ¢ 'ng ins r�It mPnt,and acknowledged to me that he/she executed the same as 28 the act and deed of o %.A it. 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—1 day of 32 L'_ - - 20_Lq 33 34 35 !! ,lor 36 Notary Public in and for the State of 37 38 END OF SECTION 39 CITY OF FORT WORTH Sanitary Saver Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100420 Revised July L 2011 I 004540- 1 Minority Business Enterprisc Specifications, Paye I of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 /This document is to he printed on `Bink"paper in its,frnal fnrrn] 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $1,000,000, then a MBE subcontracting goal is 6 applicable- 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 1 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MRF,PROJECT GOALS 14 The City's MBE goal on this project is 25% of the total bid value of the contract (Base bid applies to 15 Parks and Cornmunily,Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 delivt!i- the MBE decumerrtatidn in per!3un to Ilit; appmpr'iate eruplo ec bf the purchasing division and 32 obtain a darelllme receipt, Such receipt shall be evidence drat tfit- City reeeived the do"tn"tation in the 33 iu>»allocatEd, A faxed aud16r emailed eopy Britt not be accepted. 34 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal- date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBF. participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 35 CITY OF FORT WORTH SanuaTV Sewer Rchahrhtarion Contract 93 STANDARD CONSTRUM ION SPECIFICATION DOCUMENTS Ciry Project Aro- 100420 Ruvised Junc 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 9 END OF SECTION 9 10 11 CITY OF FORT-WORTII Sanitary Sewer Rehabilitation Contract 93 STANDARD CONST RUC"1[ON SPECIFICATION DOCUMENTS City Projcct Ni), 100,120 Revised June 9,2013 00 45 41 - I SMALI.nUSINFSS ENTPRPRISL-GOAL Page 1 of 2 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 [This document is to be printed on "pink"paper in its final form] 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $50,000 or more, then a SBE subcontracting goal is 6 applicable- 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 10 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 SBE PROJECT GOAL 14 The City's SBE goal on this project is 10% of the base bid (Base bid applies to Parks and 15 Community Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an 18 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 19 responsive. 20 21 COMPLIANCE TO BID SPECIFICATIONS 22 On City contracts$50,000 or more where a SBE subcontracting goal is applied Offerors are required 23 to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the 24 following: 25 1. Meet or exceed the above stated SBE goal through SSE subcontracting participation,or 26 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 27 3. Good Faith Effort documentation,or; 28 4. Prime Waiver documentation. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Purchase Division, within the following times 32 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror 33 sht}ll deliver the SBI~: documentation 1h per on to the. appropriate emplayee of the ptu-chasing 34 Liivisi,3rl and obtain a d8tel1irnt5 receipt. -Such receipt shall be evidence that the City received the 35 dncurltenLatiOn in the lime allocated. A faxed stn(Ifor_emaiifed copy tviII not Fre acce ted. 1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m.,on the second City business met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m_,on the second City business Utilization Form, if participation is less than days after the bid opening date, exclusive of the bid opening statedgoal: date. 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business Utilization Form,if no MSE participation: days after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm received no later than 2:00 p.m., on the second City business will perform all subcontracting/supplier work: days after the bid opening date, exclusive of the bid opening date. 36 CH Y OF FORT WORTH Sanitary Sewer Rehabihiation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised.Tune 9.2015 00 45 41 -2 SMALL BUSINESS ENTERPRISE.GOAL Page 2 of 2 5. Joint Venture form, if goal is met or received no later than 2:00 p.m., on the second City business exceeded: days after the bid opening date, exclusive of the bid opening date. 2 3 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE 4 ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO 5 SPECIFICATIONS. 6 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN 7 THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL S RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. 9 THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A 10 DISQUALIFICATION PERIOD OF THREE YEARS. I 1 Any questions, please contact the M/WBE Office at(817)212-2674 12 13 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised June 9,2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on rj.,/4/Ie, , is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and William J. Schultz, Inc. dba Circle C Construction Company, authorized to do 6 business in Texas,acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. I I Article 2.PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 Sanitary Sewer Rehabilitation Contract 93 15 City Project No. 100420 16 Article 3. CONTRACT PRICE 17 City agrees to pay Contractor for performance of the Work in accordance with the Contract 18 Documents an amount in current funds of One Million, Three Hundred Seventy-Four Thousand, 19 Eight Hundred Eighty and No/100 ($1,374,880.00). ^� 20 21 Article 3. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 365 days after the date when the 24 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 25 plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 26 4.2 Liquidated damages 27 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 28 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 29 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 30 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 31 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 32 instead of requiring any such proof , Contractor agrees that as liquidated damages for 33 delay(but not as a penalty),Contractor shall pay City Dollars 34 ($ A• ® °1 for each day that expires after the time specified in Para aph 4.1 for Final 35 Acceptance until the City issues the Final Letter of Acceptance. 36 37 38 39 40 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised 11.15.17 005243-2 Agreement Page 2of5 41 Article 5.CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and Contractor 44 concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 c. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective -Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 Article 6.INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alle ed or proven that all or some of the damages beim 81 sought were caused, in whole or in part, by any act, omission or ne2li2ence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 8.6 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised 11.15.17 005243-3 Agreement Page 3 of 5 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors,licensees or invitees under this contract. This indemnification provision is 92 specifically intended to operate and be effective even if it is alleged or proven that all or 93 some of the damages being sought were caused, in whole or in part, by any act, omission 94 or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 98 7.1. Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. 117 7.6 Authority to Sign. 118 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized 119 signatory of the Contractor. 120 7.7 Prohibition On Contracts With Companies Boycotting Israel. 121 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 122 Code, the City is prohibited from entering into a contract with a company for goods or 123 services unless the contract contains a written verification from the company that it: (1) 124 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised 11.15.17 005243-4 Agreement Page 4 of 5 125 126 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 127 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 128 certifies that Contractor's signature provides written verification to the City that 129 Contractor: (l) does not boycott Israel, and(2) will not boycott Israel during the term of the 130 contract. 131 132 7.8 Immigration Nationality Act. 133 Contractor shall verify the identity and employment eligibility of its employees who 134 perform work under this Agreement,' including completing the Employment Eligibility 135 Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of 136 . all I-9 forms and supporting eligibility documentation for each employee who performs 137 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 138 establish appropriate procedures and controls so that so services will be performed by any 139 Contractor employee who is not legally eligible to perform such services. CONTRACTOR 140 SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 141 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 142 CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, 143 OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately 144 terminate this Agreement for violations of this provision by Contractor. 145 7.9 No Third-Party Beneficiaries. 146 This Agreement gives no rights or benefits to anyone other than the City and the Contractor and 147 there are no third-party beneficiaries. 148 149 7.10 No Cause of Action Against Engineer. 150 Contractor, it subcontractors and equipment and materials suppliers on the PROJECT or their 151 sureties, shall maintain no direct action against the Engineer, its officers, employees and 152 subcontractors, for any claim arising out of, in connection with, or resulting from the 153 engineering services performed. Only the City will be the beneficiary of any undertaking by 154 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 155 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 156 in any way responsible for those duties that belong to the City and/or the City's construction 157 contractors or other entities, and do not relieve the construction contractors or any other 158 entity of their obligations, duties, and responsibilities, including, but not limited to, all 159 construction methods, means, techniques, sequences, and procedures necessary for 160 coordinating and completing all portions of the construction work in accordance with the 161 Contract Documents and any health or safety precautions required by such construction 162 work. The Engineer and its personnel have no authority to exercise any control over any 163 construction contractor or other entity or their employees in in connection with their work or 164 any health or safety precautions. 165 166 167 SIGNATURE PAGE TO FOLLOW 168 169 170 171 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Conti-act 93 STANDARD CONMUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised 11.15.17 005243-5 Agreement Page 5 of 5 172 173 IN WITNESS WHEREOF, City and Contractor have executed this Agreement to be effective as of 174 the date subscribed by the City's designated Assistant City Manager("Effective Date"). 175 176 Contractor: City of Fort Worth William J. Schultz, Inc. dba Circle C Construction Company By: 4we Jesus J. Chapa By: X-"t-,4F c-r� Assistant City Manager (Signature) i1 Date: ci- Teresa S. Skelly Attest: �- `*.0 (Printed Name) City Secretary ? 1 (Seal) Title: President Address: �► P. O. Box 40328 M&C C 500 W.Trammell Date: 12,/4/1f Form 1295 No.2g?% City/State/Zip: Contract Compliance Manager: Fort Worth,Texas 76140 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including Date ensuring all performance and reporting requirements. 404f el - - A roved as to Form and Legality: Douglas .Black Assistant City Attorney 177 178 APPROVAL RECOMMENDED: 179 18080 ( r 181 Christopher Harder,P.E. 182 DIRECTOR, ID Water Department 184 OFFICINAL RECORD CITY OF FORT WORTH Sanitary Sewer Rt 1ia&1ftftt1!b.-6ftt4kEMRY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ityrFmjeehlti�ai W&420 Revised 11.15.17 006113-1 PERFORMANCE BOND Page I of 2 1 BOND NO.TXC611145 2 SECTION 00 6113 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz Inc. dha Circle C Construction Com an , known as "Principal" 10 herein and Merchants Bonding Company (Mutual), a corporate surety(sureties, if more than one) duly 11 authorized to do business in the State of Texas,known as "Surety"herein(whether one or more), are held 12 and firmly bound uinto the City of Fort Worth, a municipal corporation created pursuant to the laws of 13 Texas, known as "City" herein, in the penal sum of One Million, Three Hundred Seventy-Four 14 Thousand Fight Hundred Eig!Lty and No/100 ($1,374,880.00), lawful money of the United States, to 15 be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, 16 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 19 day of_d i , 2.0-6- which Contract is hereby referred to and made a part hereof 20 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said 22 Contract designated as Sanitary Sewer Rehabilitation Contract 93,City Project No. 100420 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 24 faithfully perform it obligations under the Contract and shall in all respv,cAs duly and faithfully perform 25 the Work, including Change Orders, under the Contract, 'according -to.the plans, sp$eifications, and 26 contract documents therein referred to, and as well during any period of extension of the Contract that 27 may be granted on the part of the City, then this obligation shall be and become null and void, otherwise 28 to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant 30 County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100420 Revised July 1,2011 0061 I3-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 2 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 3 provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the 4 day of beonn&Er ,20 lB 6 PRINCIPAL: 7 8 William J. Schultz,Inc. dba 9 Circle C Construction Com an 1a 11 BY: r r 12 ATTEST: . 13 m1p�{r► Teresa S. Skelly,President 14 (Principal) Secretary,Michele S. kapkford Name and Title 15 16 Address: P. O.Box 40328 17 18 Fort Worth,TX 76140 19 20 21 Witness as to Principal 22 SURETY: 23 24 Merchants din Comp (Mutual) 25 26 BY: 27 Signature &W i 28 29 Sheryl A.Klutts Attorney-in-Fact 30 Name and Title 31 32 Address: 6700 Westown Parkway 33 34 West Des.Moines,lA 50266 35 36 Witness as to Surety,John A. Miller Telephone Number: 1-800-678-8171 37 38 39 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the 40 by-laws showing that this person has authority to sign such obligation. If Surety's physical 41 address is different from its mailing address,both-must be provided. The date of the bond shall 42 " not be prior to the date the Contract is awarded. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 1 BOND NO.TXC611145 2 SECTION 00 6114 3 PAYMENT BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 That we, William J. Schultz Inc. dba Circle C Construction Com an , known as "Principal" 9 herein, and Merchants Bonding Compan (Mutual , a corporate surety(sureties), duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 11 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of 12 Texas, known as "City" herein, in the penal sum of One Million Three Hundred Seventy-Four 13 Thousand Eight Hundred Eighty and No/100 ($1,374,880-00), lawful money of the United States, to 1-4 be paid in Fort Worth,Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly 16 by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 day of 1�tV-nn�Qar , 20 ib which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as 20 defined by law, in the prosecution of the Works as provided for in said Contract and designated as 21 Sanitary Sewer Rehabilitation Contract 93,City Project No. 100420 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 23 shall pay all monies owing to any (and all)payment bond beneficiary (as defined in Chapter 2253 of the 24 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this 25 obligation shall be and become null and void; otherwise to remain in full force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 27 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 28 provisions of said statute. 29 30 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100420 Revised duly 1,2011 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument 2 by duly authorized agents and officers on this =A, day of '�,eQer,rbe� ,201 PRINCIPAL: William J. Schultz,Inc.dba Circle C Construction Company ATTEST: BY: Signature +(1(1 Teresa S. Skelly—Preside (Principal) Secretary,Michele S. ord Name and Title Address: P. O. Box 40328 Fort Worth,TX 76140 Witness as to Principal SURETY: Merchants Ban in om an (Mutual) ATTEST: BY: V�L�a Signature Sheryl A.Klutts,Attorney-in-Fact (Surety) Secretary Name and Title pS- Address: 6700 Westown Parkway West Des Moines,IA 50266-7754 Witness as to Surety,John A.Miller Telephone Number: 1-800-678-8171 3 4 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 5 showing that this person has authority to sign such obligation. If Surety's physical address is different 6 from its mailing address,both must be provided. 7 8 The date of the bond shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page i of 3 1 BOND NO.TXC611145 2 SECTION 00 6119 3 MAINTENANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal" 10 herein and Merchants Bonding Company(Mutual), a corporate surety(sureties, if more than one) duly 11 authorized to do business in the State of Texas,known as "Surety"herein(whether one or more), are held 12 and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the 13 State of Texas, known as "City" herein, in the sum of One Million. Three Hundred Seventy-Four 14 Thousand Eight Hundred Eie!lly and No/100 L$1,374,880.00), Iawful money of the United States, to 15 be paid in Fort Worth, Tarrant County,Texas, for payment of which sum well and truly be made unto the 16 City and its successors, we bind ourselves,.our heirs, executors, administrators, successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the -:. day of E�r— —, 20_,,:L, which Contract is hereby referred to 21 and a made part hereof for all purposes as if fully set forth herein, to fiunish all materials, equipment 22 labor and other accessories as defined by law, in the prosecution of the Work, including any Work 23 resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said 24 contract and designated as Sanitary Sewer Rehabilitation Contract 93, City Project No. 100420; and, 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in accordance 27 with the plans, specifications and Contract Documents that the.Work is and will remain free from defects 28 in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance 29 of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 32 receiving notice from the City of the need therefor at any time within the Maintenance Period. 33 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100420 Revised July 1,2011 i i i 006119-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any 2 defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, 3 then this obligation shall become null and void; otherwise to remain in full force and effect. 4 5 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed 6 defective Work,it is agreed that the City may cause any and all such defective Work to be repaired and/or 7 reconstructed with all associated costs thereof being borne by the Principal and the Surety under this 8 Maintenance bond; and 9 10 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant 11 County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division; 12 and 13 14 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 15 recoveries may be had hereon for successive breaches. 16 17 18 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 4 day of] �, 20 Ie 3 PRINCIPAL: 4 5 William J. Schultz,Inc. dba _ 6 Circle C ConstruWon Com an 7 8 BY: 9 Signature 10 ATTEST: 11 /}r j Teresa-S. Skell President 12 (Principal) Secretary,Michele S.Lankfor t� Name and Title 13 14 Address:P. O.Box 40328 15 16 Fort Worth,TX 76140 17 18 19 Witness as to Principal 20 SURETY: 21 22 Merchants BA110nR Com an (Mutual) 23 24 BY: 25 Aignatur"eAi 26 27 She 1 A.Klutts Attorney-in-Fact 28 Name and Title 29 ..E 30 ,�"� Address: 6700 Westown Parkway 31 32 West Des Moines, IA 50266 33 34 Witness as to Surety,John A.Miller Telephone Number: 1-800-678-8171 35 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the 38 by-laws showing that this person has authority to sign such obligation. If Surety's physical 39 address is different from its mailing address,both must be provided. The date of the bond shall 40 not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Reviser]July 1,2011 M I C_H 7- BONDING COMPANY- POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, John A Miller;John R Stockton;Sheryl A Mulls their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut horily hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 �+•�S •'���, �A'• MERCHANTS BONDING COMPANY(MUTUAL) Z s` ��O�4.�9y�. MERCHANT NATIONAL BONDING,INC. 2003 ; ;.. 1933 �. By 71, .•��.� day,, .;$ ��.i> •........•. ���.. .R•` ,, ,.•fib•� President STATE OF IOWA COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. &VY L t s ALICIA K.GIS � Commission Number 767434 My Commission Expif85 ,�,,,, 1 AP61 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this —4 day of �r ZOWS fin N•"`'•• ••• "Co 2003 1933 Secretary .� � . POA 0018 (3/17) Ito '''' •••...r• MERCHANTS BONDING COMPANY. ME1ZCHAN-I'S BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 ° DES MOINES, IOWA 50306-3498 ' (800)678-8171 • (51,5) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Banding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2195) AC E® CERTIFICATE OF LIABILITY INSURANCED02/11/2019 ATE(MM/DDIYYYYJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME cT Kim Wright K&S Insurance Agency PHONE (972)771-4071 FAX AIC No E . AIC No: (972)771-4695 2255 Ridge Road,Ste.333 ADDRESS: kwright@kandsins.com P.O.Box 277 INSURERS)A=COVERAOE %GE NAIL IF Rockwall TX 75087 INSURERA: United Fire&Casu13021INSURED INSURER B: Traveles Prop Ca25674William J.Schultz,Inc. INSURER C: Bridgefield Casualt10335dba Circle C Construction Company INSURER D: Federal Insurance 20281 500 W.Trammell Ave. INSURER E: Everman TX 76140 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEINSD WVD POLICYNUMBER POLICY MOLIC EXPIyyy LIMITS X COMMERCIAL GENERAL LIABILITY MMID1,000,000 EACH OCCURRENCE $ CLAIMS-MADE ®OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A 85316434 08/12/2018 08/12/2019 1,000,000 PERSONAL&ADV INJURY $ GEN'LAGGREGATELIMiTAPPLIESPER: GENERAL AGGREGATE $ 2,000,000 POLICY PEa LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANYAUTO Eaaccidenf $ 1,000,000 BODILY INJURY(Per person) $ AUTOS ONLY A OWNED AUTOS SCHEDULED 85316434 08/12/2018 08/12/2019 BODILY INJURY(Peraccident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ X UMBRELLA LIAB X OCCUR 5,0()0,000 EACH OCCURRENCE $ B EXCESSLIA13 CLAIMS-MADE ZUP41MI142818NF 08/12/2018 08/1212019 trE0 X $ 14,000 AGGREGATE $ 5,000,000 RETENTION WORKERS COMPENSATION v $ AND EMPLOYERTLIABILITY YIN X STATUTE ERH- C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMSER EXCLUDED? FN� 1,000,000O NIA 196-43838 E.L.• .EACH ACCIDENT $ (Mandatory In NH) 08112/2018 08/12/2019 1,000,000 If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS elow E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractors Equipment 06706289 08/12/2018 08/1212019 Leased/Rented Equip. $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project: Sanitary Sewer Rehabilitation Contract 93 City Project Number 100420 See attached for additional information. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Fort Worth ANCE WITH THE POLICY PROVISIONS. 1000 Throckmonon Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 @ 1958-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS Additional Insured - Ongoing Operations Form #CG2038 04/13 and Additional Insured - Completed Operations Form #CG2037 04/13, Waiver of Subrogation Form #CG7280 07/17 and Primary & Non-Contributory Form #CG2001 04/13 apply to the General Liability Policy. Additional Insured & Waiver of Subrogation form #CA7109 01/17 and Primary & Non-Contributory form #CA7334 09/15 apply to the Business Auto Policy. Waiver of Subrogation Form #WC420304B 06/14 applies to the Workers Compensation Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. POLICY NUMBER: COMMERCIAL,GENEUL LIABILITY 8531634 CG 02 05 12 04 THIS EMORSEMENT CHANGES THE POLICY. PLEASE RFAI) IT CAREFULLY. 'rFXA5 CHANGES m AMENDMENT OF CANCELLATION (PROVISIONS OR COVERAGE CHANGE This endorsement modifies Insurance Provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLW TION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIL17Y COVERAGE PART RAILROAD PRO'T'ECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail Prior written notice of cancellation or material change to: SCHEDULE 1. Name: PER SCHEDULE ON FILE 2. dress: CANCELLATION FOR NONPAYb1ENT OF PREMYu�1 Is 10 nP.Ys 3. Number of stays advance notice: 30 Information required to complets this Schedule, if not shown above,will be shown in the Declarations. CG 02 0512 04 0 ISO Properties, Inc.,2003 Page 1 of 1 *5807870* II1 fly 11fill 11IN1111 85316434 POLICY NUMBER: COMMERCIAL AUTO CA 7133 12 10 THIS ENDORSEMENT T CHANGES ME POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the follovAng: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below- FNamed ement Effective: Countersigned By: Insured�- - SCH97OUL..E F�umlfaer®f Oays'Notice — 30 Name Of Person Or Organization P R SCHEDULE ON FILE Address C NCELLATION'FOR NONPAYFtENT FtJAi IS 10 DAYS If this policy is canceled or materially changed o reduce or restrict coverage, we will mail notice of cancellation to change to the person or organization named in the Schedule. We vAll give the number of day's notice indi- cated in the Schedule. CA 7133 12 10 0 ISO Properties, Inc., 2003 Mage 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission- *39007680* 111111111 IN III I�� N ® In 0 a ❑ POLICY NUMBER: ZUP-411311426-17-NF ISSUE DATE: 03/02/18 THIS EMI)ORSEI EMT CHANGES THE PULICV PLEASE REA" IT CARL FULLV. DESIGNATED ENTITY — NOME O N CANCELLATION PROVIDED BY U S r This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDEV IM THE POLICY w SCHEMULE - MINIMUM PREMIUM m 0 NuC01101101I. VJUR 60" of "AAS M0110 of Calicell4liee: 30 Person ®Ir erutudz8flow ti ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN N CONTRACT THAT NOTICE OF CANCELLATION OF TRIS POLICY WILL BE GIVEN, BUT a ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED o INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; 0 AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE * BEGINNING OF THE APPLICABLE NU14BER OF DAYS SHOWN IN THIS ENDORSEMENT. Address: THE ADRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. I� I� i� i PROVISIONS MEMO If we cancel this policy for any statutorily schedule above. We will mail such notice permitted reason other than nonpayment to the address shown in the schedule of premium, and a number of days is above at least the number of days shown shown for cancellation in the schedule for cancellation in the schedule above be- above, we will mail notice of cancellation fore the effective date of cancellation. to the person or organization shown in the lid IL T4 05 03 11 0 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Policy #85316434 COMMERCIAL GENERAL LIABILITY CG 20 38 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® © OWNERS, LESSEES OR CONTRACTORS ® AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 m Who Is An insured is amended to B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to.- person or organization have agreed in writing 1. "Bodily injury", "property damage" or "personal in a contract or agreement that such person or organization be added as an additional insured and advertising injury" arising out of the on your policy; and rendering of, or the failure to render, any professional architectural, engineering or 2. Any other person or organization you are surveying services, including: required to add as an additional insured under a. The Preparing, approving, or failing to the contract or agreement described in Paragraph 1. above. prepare or approve, maps, shop drawings, Such person(s) or organization(s) is an additionsl opinions, reports, surveys, field orders, change orders or drawings and insured only with respect to liabilityfor "bodily Y specifications;or injury', "property damage" or "personal and b. Supervisory, inspection, architectural advertising injury"caused, in whole or in part, by: engineering activities. or a. Your acts or omissions; or This exclusion applies even if the claims against b. The acts or omissions of those acting on any insured allege negligence or other wrongdoing your behalf; in the supervision, hiring, employment, training or in the performance of your ongoing operations for monitoring of others by that insured, if the the additional insured. "occurrence" which caused the "bodily injury" or However, the insurance afforded to such "property damage", or the offense which caused additional insured described above: the "personal and advertising injury", involved the rendering of, or the failure to render, any a. Only applies to the extent permitted by law; professional architectural, engineering or and surveying services. b. Will not be broader than that which you are 2. "Bodily injury" or "property damage" occurring required by the contract or agreement to after: provide for such additional insured. a. All work, including materials, parts or A person's or organization's status as an equipment furnished in connection with additional insured under this endorsement ends such work, on the project (other than when your operations for the person or service, maintenance or repairs) to be organization described in Paragraph 1. above are performed by or on behalf of the additional completed. insured(s) at the location of the covered operations has been completed;or CG 20 33 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 b. That portion of"your work" out of which the 2. Available under the applicable Limits of injury or damage arises has been put to its Insurance shown in the Declarations; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable Limits of Insurance shown in the same project. Declarations. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CC 20 38 04 13 POLICY NUMBER: 85316434 CAMMERCIAI=,GENERAL LIABILITY CO 20370+443 THIS ENDORSEMENT C14ANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES DR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) -- - —� Or Or anization s Location And Descri ion Of Completed Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADTII- DESCRIBEFD IN THE ABOVE TIONAL INSPIRED BY WRITTEN CONTRACT MENTIONED WRITTEN CON'T'RACT OR AGREEMENT IF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS Information required to complete this Schedule if not shown above,will be shown In the Declarations. A. Section 11 Y-Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following Is added to organization(s) shown in the Schedule, but only Section III-Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on be half of the additional insured is the described in the Schedule of this endorsement amount of insurance_ performed for that additional insured and 1. Required by the contract or agreement;or included in the "products -completed operations hazard". 2. Available under the applicable Limits of However: Insurance shown In the Declarations, 1. The insurance afforded to such additional whichever is less. Insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CO 20 37 04 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy #85316434 COMMERCIAL GENIERAL.LIABILITY CC 20 01 0413 THIS 040ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND WONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary; primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy #85316434 CG 72 80 07 17 LIMITED EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non-owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment Property Damage Liability -Elevators "Coverage D -Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate " Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible "Coverage F - Electronic Data Liability Coverage -$50,000 * Coverage G - Product Recali Expense $25,000 Each Recall Limit with a $50,000 Aggregate -$1,000 Deductible * Coverage H -Water Damage Legal Liability -$25,000 *Coverage I - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program - Limited Coverage * increase in Supplementary Payments: Bail Bonds to $1,000 * Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Broadened Named Insured *Automatic Additional Insured - Vendors Automatic Additional insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You *Automatic Additional insured - Managers or Lessor of Premises "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured *Additional Insured -State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations *Additional Insured - Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You Additional Insured - Employee Injury to Another Employee *Automatically included -Aggregate Limits of Insurance (per location) Automatically included -Aggregate limits of Insurance (per project) *Knowledge of occurrence -Knowledge of an 'occurrence", "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation *Liberalization Condition Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. "insured Contract" redefined for Limited Railroad Contractual Liability " Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW *Bodily injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 12 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 12 CG 72 80 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED EXTENDED ULTRA LIABILITY PLUS LHOORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART m ®!lERAGES A. The following changes are made at COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY I. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2)(a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage —Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability — Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of"your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 12 CG 72 80 07 17 j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft" or"aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION IIi - LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage, 2. COVERAGE E- CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of Exclusion j. does not apply. The amount we will pay is limited as described below in SECTION IIi - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion P. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of"bodily injury". b. "Property Damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of"electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION IiI - LiMITS OF INSURANCE 4. COVERAGE G - PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of"product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LiMITS OF INSURANCE CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 12 CG 72800797 b. Exclusions This insurance does not apply to "product recall expense" arising out of.- (1) f:(9) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of"your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily Injury" or"Property Damage". (7) Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (90) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". (99) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. (92) Any "product recall" initiated due to the expiration of the designated shelf life of"your product". 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor / project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 12 CG 72 80 07 17 C. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTI®IV II o WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 3. Additional Insured -Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) 'Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 12 CG 72 80 07 17 (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) 'Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 6. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 7. Additional Insured —Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 12 CG 72 80 07 17 8. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 9. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". 1.0. Additional insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. CG 72 80 07 17 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 7 of 12 CG 72 80 07 17 b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", `property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 11. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION it —WHO IS AN INSURED is amended to read: a. "Bodily injury" or'personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a, is deleted. For the purpose of this Item 11 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSU"NCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and 'property damage" included In the 'products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of 'property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all 'product recalls" you initiate during the endorsement period. CG 72 60 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 12 CG 72 80 07 17 b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall' you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 11 of SECTION II—WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 14. Subject to 5. of SECTION iII — LiMITS OF INSURANCE, a $25,000 'occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible _ Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that `occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 12 CG 72 80 07 17 For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 15. Subject to 5. of SECTION iII — LIMITS OF INSURANCE, the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of"occurrences". ® ® 1 A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or"suit" is brought against any insured, you must: i. immediately record the specifics of the claim or"suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION 11 — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. B. The following are added: 10. Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 12. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, Your policy will automatically provide this additional coverage on the effective date of the revision. CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, inc., with its permission. Page 10 of 12 CG 72 80 07 17 13. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 14. The following conditions are added in regard to Coverage G - Product Recall Expense In event of a "product recall', you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall' took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 15. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by iSO form CG 0035 with minimum limits of$2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following. 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured Contract" c. is deleted and replaced with the following: c. Any easement or license agreement; CG 72 80 07 17 Includes copyrighted material of insurance Services Office, inc., with its permission. Page 11 of 12 CG 72 80 07 17 D. Item 9. "Insured Contract" f.(1) is deleted E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that. a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product', but only if "your product" is unfit for use or consumption, or is hazardous as a result of.- (1) f:(1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of"your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense"means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. L Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 72 80 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 12 Policy ##85316434 COMMERCIAL AUTO CA 71 09 01 17 THIS ENDORSEMENT CHANGES THE POLICY. PHASE REAL) IT CAREFULLY. BUSINESS AUT® ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGEINDEX DESCRIPTION PACE Temporary Substitute Auto Physical Damage 2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured Status by Contract, Agreement or Permit 2 Bail Bond Coverage 3 Loss of Earnings Coverage 3 Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage 3 Extra Expense -Theft 3 Rental Reimbursement and Additional Transportation Expense 4 Personal Effects Coverage 4 Personal Property of Others 4 Locksmith Coverage 4 Vehicle Wrap Covera e 5 Airbag Accidental Discharge 5 Audio, Visual and Data Electronic Equipment Coverage 5 Auto Loan/Lease Total Loss Protection 5 Glass Repair — Deductible Amendment 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 ffemporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTIO! I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, 'loss", or destruction B. BROADENED LIABILITY COVERAGES SECTION 11 — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following- (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs while using a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract,Agreement or Permit) g. Any person or organization whom you are required to add as an additional insured on this policy under a written contract or agreement; but the written contract or agreement must be: (1) Currently in effect or becoming effective during the term of this policy; and (2) Executed prior to the "bodily injury" or 'property damage." The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the Iocation(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION 11. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of ball bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (Loss of(Earnings Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $500 a day because of time off from work. (Amended f=ellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION 11. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5. Fellow Employee "Bodily Injury": a. To you, or your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. To your "executive officers" and directors (if you are an organization other than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purposes of this endorsement, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, transfer, direct, discipline or discharge. E. BROADENED PHYSICAL DAMAGE COVERAGES SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (Towing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" is disabled: a. For private passenger type vehicles we will pay up to $100 per disablement. b. For all other covered "auto's" we will pay up to $500 per disablement However, the labor must be performed at the place of disablement. (physical Damage Additional Transportation Expense Coverage) 4. Coverage Extensions a. Transportation Expenses is amended to provide the following limits.- We imits:We will pay up to $60 per day to a maximum of$1,800. All other terms and provisions of this section remain applicable. The following language is added to 4. Coverage Extensions: (Extra Expense Theff) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you, or (b) 30 days. (3) Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If"loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expense which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects if you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto' is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the "auto". The insurance provided under this provision is excess over any other collectible insurance. For this coverage extension, Personal Effects means tangible property that is worn or carried by an "insured". (Personal Property of Others) f. Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have Comprehensive or Collision coverage on an "auto" that is a total loss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage for any one 'loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge) F. SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language: If you have purchased Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of an air bag. This coverage applies only to a covered auto you own and is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMIT'S OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance at 1.b. is amended to provide the following limits: b. Limits of $1,000 per 'loss" is increased to $5,000 per "loss". All other terms and provisions of this section remain applicable. (Auto Loan/Lease Total Loss Protection) SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit of Insurance is amended by adding the following language: 4. In the event of a total "loss" to a covered "auto" shown in the Schedule pages, subject at the time of the 'loss" to a loan or lease, we will pay any unpaid amount due including up to a maximum of$500 for early termination fees or penalties on the lease or loan for a covered"auto" less.- a. ess:a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease /loan payments at the time of the 'loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. (Glass Repair-Deductible Amendment) H. GLASS REPAIR -DEDUCTIBLE SECTION III -PHYSICAL DAMAGE COVERAGE -D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, rather than replaced. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 (Amended,Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or 'loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or"loss" has been received by. (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added; However, we waive any rights of recovery we may have against the person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or"property damage." (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total loss. No deductible applies to "loss" caused by fire or lightning. (3) This Hired Auto Physical Damage coverage is excess over any other collectible insurance. (4) Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V—DEFINITIONS, C. is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including mental anguish or death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 PoliCy #85316434 CA 73 34 09 15 THIS ENDORSEMENT CHANGES TWE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following language replaces SECTION IV BUSINESS AUTO CONDITIONS Part B. General Conditions 5. Other Insurance c.: c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". This coverage will also be non-contributory if it is required by the terms of the "Insured contract'. CA 73 34 09 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYIERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All TX Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Date Prepared: June 21, 2018 Carrier: Bridgefield Casualty Insurance Company Effective Date of Endorsement: August 12, 2018 Policy Number: 196-43838 Countersigned by: Insured: William J Schultz Inc WC 42 03 04 R (Ed. 6-14) "Includes copyright material of the National Council on Compensation Insurance, Inc.used with its permission.Copyright 2014 NCCI" N Policy ##ZUP41M1142817NF Ln A UMBRELLA EXCESS t-'OLL.OW-FORM AND LRV83RELLA U LIABLITY INSURANCE 'EHIS POLICY, IN PART, PROTIDES FOLLOW-FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS-MADE BASIS WHEN g FOLLOWING CLAIMS-MADE UNDERLYING INSURANCE. M COVERAGE WILL APPLY ON A DEFENSE-WITHIN-LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH o UNDERLYING INSURANCE PAYMENT OF DEFENSE EXPENSES UNDER . THIS POLICY WILL REDUCE AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. ,. PLEASE READ THE ENTIRE POLICY CARFFULLY. N W Various provisions in this policy restrict coverage. Read the entire policy carefully to N determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named insured shown in Z the Declarations and any other person or organization qualifying as a Reamed Insured under It this Policy. The words "we", "us" and "our" refer to the company providing this insurance. N The word "insured" means any person or organization o WHO IS AN 1N�UND. g qualifying as such under SECTION 11 - u 0 Other words and phrases that appear in [quotation marks have special meaning, Refer to * SICTIINJ VI - PEFINITIONS. SECTION I - COVEGAW a, The applicable limit of insurance A. (:OVERAGE A - EXCESS FOLLOW-FORM stated for the policies of LIABILITY "underlying insurance" in the of underl 9. We will pay on behalf of the insured will beeconsidered ton beinsurance reduced those sums, in excess of the or exhausted Only by the "applicable underlying limit", that the following payments: insured becomes legally obligated to pay as damages to which Coverage A j�) Payments of Judgments or at of this insurance applies, provided settlements for damages that that the "underlying insurance" would are covered by that ,underlying apply to such damages but for the insurance". However, if such exhaustion of its applicable limits of underlying insurance" has a Insurance. If a sublimit is specified in policy period which differs any "underlying Insurance", Coverage from the policy period of this A of this insurance applies to Excess Follow-Form And damages that are in excess Of that Umbrella Liability Insurance, sublimit only it such sublimit is any such payments for shown for that "underlying insurance" damages that would not be in the Schedule of Underlying covered by this Excess Follow- Insurance. Form And Umbrella Liability Z. Coverage A of this Insurance is Insurance because of its different policy period will not subject to the same terms, reduce or exhaust the conditions, agreements, exclusions applicable limit of Insurance and definitions as the "underlying stated for such "underlying insurance", except with respect to insurance" any provisions to the contrary (2) payments of "medical contained In this insurance. exp- enses" that are covered by 3. The amount we will pay for damages that "underlying insurance" and Is limited as described in SEC'"ON Ill are incurred for "bodily Injury" (LIMITS ffy- INSURANCE. caused by an accident that takes lic 4. For the purposes of paragraph 1, period place th surE xessgFolowy above: Form And Umbrella Liability Insurance; or EU 00 01 07 16 Q 2018 The Travelers Indemnity Company. All rights reserved Page 1 of 23 UMBRELLA (3) Payments of defense expenses "property damage", "personal injury, ' that are covered by that or "advertising injury' to which "underlying Insurance", only if Coverage B of this Insurance applies. such "underlying Insurance" includes such payments within 2. Coverage 8 of this insurance applies the limits of insurance. to "bodily injury" or "property However, if such "underlying damage" only if: insurance" has a policy period a. The "bodily injury„ or "property which differs from the policy damage" is caused by an period of this Excess Follow- "occurrence" that takes place Form And Umbrella liability anywhere in the world; Insurance, any such payments for defense expenses that N. The "bodily Injury" or "property would not be covered by this damage"' occurs during the policy Excess Follow-Form And period; and Umbrella liability Insurance g. Prior to the policy period, no because of Its different policy insured listed under Paragraph 1. period will not reduce or in Paragraph B., CIIVERACE R - Insurance nsuraexhaust the applicable limit of UMBRELLA LIABILITY, ©f SECTION II - "underlying Insurance",stated for such WHO IS AN INSURED and no "unde If the applicable limit of insurance "employee'" authorised by you to stated for the policies of give or receive notice of an P "occurrence" or claim, knew that of insurance" in the the "bodily injury" or "property Schedule Of Underlying Insurance damage" had occurred, In whole Is actually reduced or exhausted or in part. If such a listed insured by other payments, Coverage A of or authorized "employee" knew, this insurance is not Invalidated, prior to the policy period, that the However, in the event of a loss, „bodily injury" or "property we will pay only to the extent damage" occurred, in whole or in that we would have paid had such part, then any continuation, change limit not been actually reduced or or resumption of such "bodily exhausted by such other payments. injury" or "property damage" It. if any "underlying insurance" has during or after the policy period a limit of Insurance greater than will be deemed to have been the amount shown for that known prior to the policy period. insurance In the Schedule of 3. Coverage B of this insurance applies Underlying Insurance, this to "personal injury" or "advertising insurance will apply in excess of injury" caused by an offense arising that greater amount. If any Out of your business, but only if the "underlying insurance" has a limit offense was committed during the of insurance, prior to any policy period anywhere inreductiothe world. payment ofordamages,stlt'medical 4. The amount we will pay for damages expenses" or defense expenses is limited as described in 3ECTION UI described in Paragraph a above, - LIMITS OF INMRANCE. that is less than the amount 5. "Bodily injury" or "property damage": shown for that insurance in the Schedule of Underlying Insurance, 11. Which occurs during the policy this Insurance will apply in excess period; and of the amount shown for such b. Which was not prior to, but was insurance in the Schedule Of during, the policy period known to Underlying Insurance. have occurred by any insured 5. When the "underlying insurance" listed under Paragraph 1. in applies on a claims-made basis and Paragraph III., COVIIRAGE R - Includes a retroactive date provision, UMBRELLA LIABILITY of SECT1OM II the retroactive date for Coverage A WHO IS AN INSURED, or any of this insurance is the same as the '"employee" authorized by you to retroactive date of that "underlying give notice of an "occurrence" or Insurance". claim; B. COVERAGE B - UMBRELLA LIABILITY Includes any continuation, change or I. we will pay on behalf of the insured resumption of the "bodily injury" or those sums in excess of the "self- "property damage" after the end of the policy period. insured retention" that the insured becomes legally obligated to pay as 6. "Bodily Injury" or "property damage" damages because of "bodily injury", will be deemed to have been known Page 2 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU lM 01 07 la N 0 © UMBRELLA to have occurred at the earliest time b. End when we decide that the when any insured listed Lander crisis no longer exists or when Paragraph 1. in Paragraph B., COVERAGEthe Crisis Management Service B - U1; PRELLLA LIAPILITY, of SECTION 11 Expenses Limit has been - WH11 IS AN INSURED or any exhausted, whichever occurs first. "employee" authorized by you to give 4, The amount we will pay for "crisis or receive notice of an "occurrence" or claim: management service expenses" is limited as described in SECTION 111 -- IL Reports all, or any part, of the LIMITS OF INSURANCE. "bodily injury" or "property R. A "self-insured retention" does not Q damage" to us or any other insurer; apply to "crisis management service �5 expenses". D. Receives a written or verbal 6. Any payment of "crisis management demand or claim far damages service expenses- that we make will because of the "bodily injury" or not be determinative of our "property damage"; or obligations under this insurance with * Becomes aware by any other respect to any claim or "suit" or means that the "bodily injury" or create any duty to defend or "property damage" has occurred Indemnify any Insured for any claim or has begun to occur. or "suit". W 7. Damages because of "bodily injury" D. Ill€FERN AIR SUPPLEMENTARY PAYMMS include esban person ordamaorganizatiolni ford Gare, loss I. We will have the right and duty to of services or death resulting at any defend the insured: time from the "bodily Injury", P. Under Coverage A, against a "suit" n B. Coverage 8 of this insurance does seeking damages to which such o not apply to damages covered by any coverage applies, if: of insurance" or that would (1) The "applicable underlying * have been covered by any "underlying limit" is the applicable limit of Insurance" but for the exhaustion of insurance stated for a policy its applicable limit of insurance. of "underlying insurance" in C. COVERAGE C - CRISIS MANAGEMENT the Schedule Of Underlying SERVICE EXPENSES Insurance and such limit has been exhausted solely due to 1. We will reimburse the insured, or pay payments as permitted in on the Insured's behalf, "crisis Paragraphs 4.&(1), (2) and (S) of management service expenses" to COVERAGE A -- EXCESS FOLLOW- which Coverage C applies. FORM LIABILITY of W lUffl I 2. Coverage C of this insurance applies CGVERAGM or to "crisis management service (Z) The "applicable underlying expenses" that: limit" is the applicable limit of at. Arise out of a "crisis management any "other insurance" and such event" that first commences limit has been exhausted by during the policy period; payments of judgments, settle- ments or medical expenses, or k Are incurred by the Insured, after related costs or expenses (€f a "crisis management event" first such costs or expenses reduce commences and before such event such limits). ends; and For any "suit" for which we have C. Are submitted to us within 184 the right and duty to defend the days after the "crisis management insured under Coverage A, defense advisor" advises you that the expenses will be within the limits "crisis management event" no of insurance of this policy when � longer exists. such expenses are within the 3. A "crisis management event" will be limits of insurance of the deemed to: applicable "underlying insurance"; or any "executive officer" first aFirst commence at the time when b. Under Coverage B, against a "suit" seeking damages to which such becomes awar® of an event or coverage applies. "occurrence" that leads to that "crisis management event"; and 2. We have no duty to defend any Insured against any "suit": EU 00 01 07 18 0 2016 The Travelers Indemnity Compeny. All rights reserved. Page 3 of 23 UMBRELLA a Seeking damages to which this we have paid, offered to pay or Insurance does not apply; or deposited in court the part of the b. If any other insurer has a duty to judgment that is within the defend. applicable limit of insurance. if we do not pay part of the 3 When we have the duty to defend, judgment for any reason other we may, at our discretion, investigate than it is more than the applicable and settle any claim or "suit". In all limit of insurance, we will not other cases, we may, at our pay any Interest that accrues on discretion, participate In the that portion of the judgment. Investigation, defense and settlement of any claim or "suit" for damages With respect to a claim we to which this insurance may apply. If investigate or settle, or "suit" against we exercise such right to participate, an insured we defend under COVERAGE all expenses we incur in doing so A - EXCESS FOLLOW-FOAM LIABILITY, will not reduce the applicable limits these payments will not reduce the of insurance. applicable limits of insurance, but 4. Our duty to defend ends when we insurance""the provides le for have used up the applicable limit of payments In adition to its limits of insurance in the payment of insurance. With respect to a claim we judgments or settlements, or defense investigate or settle, or "suit" against expenses if such expenses are within an insured we defend under COVERAGE the limits of insurance of this policy. B - UAIIBRELLA LIABILITY, these S. We will pay, with respect to a claim payments will not reduce the we investigate or settle, or "suit" applicable limits of insurance. against an insured we defend: SECTION II - VIND IS AN INSURED a. All expenses we Incur, tib COVER A - EXCESS FOLLOW-FORM It. The cost of: LIABILITY (1) Bail bonds required because of With respect to Coverage A, the accidents or traffic law following persons and organizations violations arising out of the qualify as insureds: use of any vehicle to which 1. The Named Insured shown In the this insurance applies; or declarations; and (2) Appeal bonds and bonds to 2. Any other person or organization release attachments; qualifying as an Insured In the but only for bond amounts within "'underlying insurance". If you have the applicable limit of insurance. agreed to provide insurance for that We do not have to furnish these person or organization in a written bonds. contract or agreement: c. All reasonable expenses incurred a. The limits of insurance afforded by the Insured at our request to to such person or organization assist us in the investigation or will be: defense of such claim or "suit", (1) The amount by which the includinjo actual loss of earningsUP minimum limits of insurance time off to a day because of you agreed to provide such from rom work. person or organization In that d. All court costs taxed against the written contract or agreement Insured in the "suit". However, exceed the total limits of these payments do not include insurance of all applicable attorneys' fees or attorneys' "underlying Insurance"; or expenses taxed against the 1Z) The limits of insurance of this Insured. policy; m. Prejudgment interest awarded whichever Is lass; and against the insured on that part of the judgment we pay. If we make b. Coverage under this policy does an offer to pay the applicable not apply to such person or limit of insurance, we will not organization if the minimum limits Pay any prejudgment interest of insurance you agreed to based on that period of time after provide such person or the offer. organization In that written si. All interest that accrues on the contract or agreement are wholly full amount of an within the total limits of insurance Y judgment after of all available applicable entry of the judgment and before "underlying insurance". Page 4 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 01) 01 07 16 N in UMBnELLA - 11lf�liA UMBRELLA LIABILITY course of his or her U With respect to coverage B: employment or performing dues 1. The Named Insured shown in the nduct related to the conduct Declarations is an insured. Your lousiness, or to your other "volunteer e2. If you are: workers" while performing duties related to the a An individual, your spouse is also conduct of your business; g an insured, but only with respect to the conduct of a business of (6) To the spouse, child, which you are the sole owner, parent, brother or sister of that co-"employee" or b. A partnership or joint venture, "volunteer worker" as a your members, your partners and consequence of Paragraph their spouses are also insureds, (1)(4) above; o but only with respect to the conduct of your business. (c) For which there is any obligation to share damages c. A limited liability company, your with or repay someone else members are also insureds, but who must pay damages m only with respect to the conduct because of the In'ury of your business. Your managers described In Paragraph ?1)(a) acre also Insureds, but only with or (b) above, or respect to their duties as your N managers, fd) Arising out of his or her d, An organization other than a providing or failing to provide professional health V partnership, joint venture or care services. N limited ilability company, your d "officers" and directors are also Unless you are in the business O insureds, but only with respect to or occupation of providing their duties as your "Officers" or professional health care , directors. Your stockholders are services, Paragraphs (1)(a), (b), also insureds, but only with (e) and (d) above do not respect to their liability as apply to "bodily injury" arising stockholders. out of providing or failing a A trust, Your trustees are also to provide first aid or "Goad with respect to Samaritan services" by any insureds, but only P of your "employees" or their duties as trustees. "volunteer workers" other than 3 Each of the following is also an an employed or volunteer Insured: doctor. Any such "employees" Your "volunteer workers" onlyor "volunteer workers'" providing or failing to provide while performing duties related to first aid or "Good Samaritan the conduct of your business, or services" during their work your "employees other than hours for you will be deemed either your "officers" (if you are to be acting within the scope an organization other than a of their employment by you or partnership, joint venture or performing duties related to limited liability company) or your the conduct of your business. managers (if you are a limited liability company), but only for (2) -Property damage" to property: acts within the scope of their (a) Owned, occupied or used employment by you or while by; or performing duties related to the conduct of your business. (b) Rented to, in the care, However, none of these custody or control of, or "employees" or "volunteer over which physical control workers" are insureds for: is being exercised for any (1) "Bodily injury" or personal purpose by; injury: you, any of your "employees" or "volunteer workers", any of (a) To you, to your partners or your partners or members (if members (if you are a you are a partnership or joint partnership orr joint venture), venture), or any of your to your members (if you members (if you are a limited are a limited liability liability company), company), to a co- "employee" while in the EU 00 01 07 16 0 2016 •rhe Travelers Indemnity Company. All rights reserved, Page 5 of 23 UMBRELLA Ig. Any person (other than your No person or organization is an insured ' "employee" or "volunteer or will qualify as a Named Insured with worker"), or any organization, respect to the conduct of any current or while acting as your real estate past partnership, joint venture or limited manager. liability company that is not shown as a C. Any person or organization having Named Insured in the Declarations. This proper temporary custody of your paragraph does not apply to any such property if you die, but only: partnership, joint venture or limited liability company that otherwise qualifies (1) With respect to liability arising as an insured Lander Paragraph i3, of out of the maintenance or use SECTION II — WHO IS AN INISU)iil:U. of that property; and C. COVERAW C — CRISIS MANAMMOT (2) Until your legal representative SERVICE EXPENSES has been appointed. d. Your legal representative if With respect to Coverage G, the die, but only with respect you following persons and organizations are P insureds and will qualify as Named duties as such. That representative Insureds: will have all your rights and duties under this insurance. 1. The fumed Insured shown in the 4. Any organization, other than a Declarations. partnership, joint venture or limited 2. Any organization, other than a liability company. of which you are partnership, joint venture or limited the sole owner, or in which you Ilability company, of which you are maintain an ownership interest of the sole owner, or in which you more than 50%, on the first day of maintain an ownership interest of the policy period is an insured and more than 50%, on the first day of will qualify as a Named Insured. No the policy period. No such such organization is an insured or organization is an insured or will will qualify as a Named Insured for qualify as a Named Insured for "bodily injury" or "property damage" "crisis as service expenses" that occurred, or "personal injury" or arising out of a "crisis management "advertising injury" caused by an event" that first commences after the offense committed after the date, If date, if any, during the policy period, any, during the policy period, that that you no longer maintain an You no longer maintain an ownership ownership interest of more than 50% Interest of more than 50% In such in such organization. organization. 1 Any organization you newly acquire 5. Any organization you newly acquire or form, other than a partnership, or form, other than a partnership, joint venture or limited liability joint venture or limited liability company, and of which you are the company, and of which you are the sole owner, or in which you maintain sole owner, or In which you maintain an ownership interest of more than an ownership interest of more than 50%, if there is no other similar 50%, is an insured and will qualify as insurance available to that a Named Insured if there is no other organization, However: similar insurance available to that 0. Coverage under this 9 provision is organization. However: afforded only until the 'both day Coverage under this provision is after you acquire or form the afforded only until the 18oth day organization or the end of the after you acquire or form the policy period, whichever is earlier; organization or the end of the a odlicy period, whichever is earlier; b Coverage for such organization does not apply to "crlsls L Coverage for such organization management service expenses" does not apply to: arising out of a "crisis manage- ment event" that occurred before (1) "Bodily injury" or "property you acquired or formed the damage" that occurred; or organization, even if an "executive (2) "Personal injury" or officer" only first becomes aware "advertising injury" arising Out of an "event" or "Occurrence" that of an offense committed; leads to such "crisis management before you acquired q or fevent�� after the date you acquired formed the or formed the organization. organization. Page 6 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N In O ® UMBRELLA No person or organization Is an insured because of "bodily injury" or "property or will qualify as a Named insured with damage" included In the "products- ' respect to the conduct of any current or completed operations hazard". past partnership, joint venture or limited liability company that Is not shown as a D. Subject to Paragraph B. or C. above, Named Insured in the Declarations. whichever applies, the Occurrence Limit is the most we will pay for the sum of LIMITS OF INSURANCE r all: $ A. The Limits of Insurance shown in the 1. Damages, and defense expenses if Declarations and the rules below fix the such expenses are within the limits most we will pay for the amounts of insurance of this described below to which this Insurance Policy, under Coverage � arising out of any one applies regardless of the number of. "event" to which the "underlying w I. Insureds; insurance" applies a limit of Insurance that is separate from any o �. Claims made or "suits" brought; aggregate limit of insurance; and 3. Number of vehicles Involved; 2. Damages under Coverage B because 4. Persons or organizations making of all "bodily Injury", "property claims or bringing "suits"; or damage", "personal injury" or "advertising injury" arising out of an Coverages provided under this one "occurrence". Y insurance. N 'For the purposes of determining the As indicated In Paragraph 0.1. of SEC1"IONapplicable Occurrence Limit, all related ! — COVERAGES, for any "suit" for which acts or omissions committed In the we have the right and duty to defend the providing or failing to provide first aid insured under Coverage A, defense or "Good Samaritan services" to any o expenses will be within the limits of one person will be considered one o insurance of this policy when such "occurrence". u expenses are within the limits of E. The Crisis Management Service Expanses `° insurance of the applicable •underlying insurance", Limit is the most we will pay for the sum of all "crisis management service B. The General Aggregate Limit is the most expenses" arising out of all "crisis we will pay for the sum of all: management events". Payment of such 1. Damages; and "crisis management service expenses" is in addition to, and will not reduce, any 2. Defense expenses if such expenses other limit of Insurance of this policy. are within the limits of insurance of F, The limits of insurance of this policy this policy; apply separately to each consecutive except: annual period and to any remaining 1. Damages and defense ex period of less than 12 months, starting p with the beginning of the policy period because of "bodily injeases ury•` or shown In the Declarations. If the policy auto hazard"; damage" Included in the period is extended after issuance for an auto hazard • additional period of less than 12 months, 2. Damages and defense expenses the additional period will be deemed part because of "bodily injury, or of the last preceding period for purposes "Property damage" included in the of determining the limits of insurance. "products-completed operations SEMON IV EXCLUSIDFJS hazard"; or 3. Damages and defense expenses for This insurance does not apply to: which Insurance is provided under any A, With respect to Coverage A and Aircraft Liability coverage included as Coverage B: "underlying insurance" to which no 1. Asbestos aggregate limit applies. The products-Completed Operations itDamages arising out of the actual r or alleged presence or actual, A Limit is the most we will pay alleged or threatened dispersal of forr thhee sum of all: asbestos, asbestos fibers or 1. Damages; and products containing asbestos, 2. Defenseexpenses if such ex eases provided that the damages are are within the limits of insurance of caused or contributed a by the this policy; hazardous properties of asbestps. 6. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of EU 00 01 07 10 0 2016 The 'travelers indemnity Company. All rights reserved. Page 7 of 23 UMBRELLA any solid, liquid, gaseous or a, Whether the Insured may he liable ` thermal irritant or contaminant, as an employer or in any other including smoke, vapors, soot, capacity; and fumes, acids, alkalis, chemicals and waste, and that are part of b. To any obligation to share any claim or "suit' which also damages with or repay someone alleges any damages described In else who must pay damages Paragraph a, above, because of the injury. L Any loss, cost or expense arising 3. FRISA, COBRA And Similar Laws out of any: Any obligation of the insured under, (1) Request, demand, order or a, The Employees Retirement Income statutory or regulatory Security Act Of 1974 (ERISA) or requirement that any Insured or any of its amendments; others test for, monitor, clean b. The Consolidated Omnibus Budget up, remove, contain, creat, detoxify or neutralize, or in Reconciliation Act of 1985 any way respond to, or assess (COBRA) or any of its the effects of, asbestos, amendments; or asbestos fibers or products c. Any similar common or statutory containing asbestos; or law of any jurisdiction. (2) Claim or "suit" by or on 4. Medical Expenses Of PaVmorits behalf of any governmental authority or any other person Any obligation of the insured under or organization because of any "medical expenses" or medical testing for, monitoring, clean- payments coverage. ing up, removing, containing, S. Nuclear Material treating, detoxifying or neutral- izing, or in any way Damages arising out of: responding to, or assessing thea. The actual, alleged or threatened effects of, asbestos, asbestos exposure of any person or fibers or products containing property to; or asbestos. kuwlayment-flelated Pwatices k The "hazardous properties" of; Damages because of injury to: any "nuclear material". n. A person arising out of any: As used in this exclusion: (1) Refusal to employ that person; a. "Hazardous properties" includes (2) Termination of that person's properties, toxic or explosive employment; or b. "Nuclear material" means "source (3) Employment-related practice, material", "special nuclear policy, act or omission, such material" or "by-product material"; as coercion, demotion, evaluat- and ion, reassignment, discipline, L "Source material", "special nuclear failure to promote or advance, material" and "by-product mater- harassment, humiliation, dis- ial" have the meanings given them crimination, libel, slander, in the Atomic Energy Act of 1954 violation of the person's right or any of its amendments. of privacy, malicious prosecution or false arrest, 6. ItnirstaPed or Underinsured M919lsts, rdo- detention or 'imprison-mens, Fault And Similm kaws applied to or directed at that Any liability imposed on the insured, person, regardless of whether or the insured's insurer, under an of such practice, policy, act or the following laws: y omission occurs, is applied or is committed before, during or t1 Uninsured motorists; after the time of that person's b. Underinsured motorists; employment; or b. The spouse, child, parent, brother C. Auto no-fault or other first-party or sister of that person as a personal injury protection (PIP); consequence of injury to that d. Supplementary person as described In Paragraphs uninsured/underinsured motorists a(1), (2) or (3) above. (New York); or This exclusion applies: s. Medical expense benefits and income loss benefits (Virginia). Page 8 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 g1 07 f8 a 0 UMBRELLA 7. VAw gift, distribution or use of 6 Damages arising out of: alcoholic beverages. v A War, Including undeclared or civil �. Implevefs Lkwiity war; or "Bodily injury" to: Et. Warlike action by a military force, a An "employee" of the insured including action in hindering or arising out of and in the course S defending against an actual or of: expected attack, by any govern- ment, sovereign or other authority y the insured; or using military personnel or outer (2) Performing duties related to agents; or the conduct of the Insured's C. Insurrection, rebellion, revolution, business; or usurped power or action taken b Y b. The spouse, child, parent, brother governmental authority in or sister of that "employee" as a hindering or defending against any consequence of "bodily injury" Of these. described in Paragraph a. above. �. Workers colepensafien AW SIMI1ar NNS This exclusion applies: Any obligation of the insured under a a, Whether the insured may be liable workers compensation, disability as an employer or in any other benefits or unemployment capacity: and compensation law or any similar law. I!. With respect to Coverage W b. To any obligation to share damages with or repay someone 9t �• EX1110 011 Of Intended Bodily Injury Or else who must pay damages prop-9fly Il AM89e because of the "bodily injury". "Bodily injury or "property damage" �. Pollution expected or intended from the a. "Bodily Injury", "property standpoint of the insured. Thisdamage" r, „ exclusion does not apply to "bodily . personal injury or Injury" or or damage" "advertis€ng injury" arising out of resulting from the use of reasonable the actual, alleged or threatened discharge, dispersal, seepage, force to protect persons or property. migration, release or escape of Z, CoMlr ENJ lLi@hllity „pollutants". „Bodily injury". "property damage", 6. Any loss, cost or expense arising ••personal Injury" or "advertising out of any: injury" for which the insured is obligated to pay damages by reason (�) Request, demand, order statutoryeor - l�! meenttthat any insured 4r any of the assumption of liability in aor regulatory require- Of y contract or agreement. This exclusion mh other person does not apply to liability for t organization test for, monitor, damages that the insured would have or, clean up, in the absence of the contract or remove, contain, treat, detoxify agreement, or neutralize, or in any way respond to, or assess the 3. Liquor Liability effects of, "Pollutants", or "Bodily Injury" or "property damage" (2) Claim or "suit" by or on for which any insured may be liable behalf of any governmental by reason of: authority or any other person a. Causing or contributing to the or organization because of intoxicationof any person, testing for, monitoring, Including causing or contpers n cleaning up, removing, contain- to the intoxication of an Ing, treating. detoxifyingor Y person neutralizing, or In any way because alcoholic beverages were responding to, or assessing the permitted to be brought on your effects of, "pollutants", premises for consumption on your premises: 6. Aircraft IL The furnishing of alcoholic "Bodily injury" or "property damage" beverages to a person tinder the arising out of the ownership, legal drinking age or under the maintenance, use or entrustment to influence of alcohol; or others of any aircraft owned or operated by or rented or loaned to c. Any statute, ordinance or any insured. Use includes operation regulation relating to the sale, and "loading or Unloading,,. Ell 00 01 0716 0 2016 The 'travelers Indemnity Compony. All rights reserved. page 9 of 23 UMBRELLA This exclusion applies even if the (2) You do not own and is not . claims against any insured allege being used to carry any person negligence or other wrongdoing in the or property for a charge. supervision, hiring, employment, . training or monitoring of others by I Electronic Date that Insured, if the "occurrence" Damages claimed for the loss of, which caused the "bodily injury" or loss of use of, damage to, corruption •,property damage" involved the of, inability to access, or Inability to ownership, maintenance, use or manipulate "electronic data". entrustment to others of any aircraft that is owned or operated by or 10. dffinag; To Property, Products Or Worn rented or loaned to any insured. "Property damage" to. 7' Auto l_ Property p y you own, rent or occupy, "Bodily injury" or "I)roperty damage" including any costs or expenses arising out of the ownership, incurred by you, or any other maintenance, use or entrustment to person or organization, for repair, others of any "auto". Use includes replacement, enhancement, operation and "loading or unloading", restoration or maintenance of such This exclusion applies even it the property for any reason, including prevention of injury to a person claims against any insured allege negligence or other wrongdoing in the or damage to another's property: supervision, hiring, employment, b. Promises you sell, give away or training or monitoring of others by abandon if the "property damage" that insured, if the "occurrence" arises out of any part of those which caused the "bodily injury" or premises; "property damage" involved the C. property loaned to you; ownership, maintenance, use or entrustment to others of any "auto". d. Personal property in the care, This exclusion does not apply to custody or control of the insured; "bodily Injury" or "property damage" o. That particular part of real caused by an "occurrence" that takes property on which you or any Place outside of the United States of contractors or subcontractors America (including Its territories and working directly or Indirectly on Possessions), Puerto Rico and Canada. your behalf are performing Waturcraft operations If the "property damage" arises out of those "Bodily injury" or "property damage" operations; arising out of the ownership, f. That maintenance, use or entrustment to particular part of any others of any watercraft owned or property that must be restored, operated by or rented or loaned to repaired or replaced because "your any insured. Use includes operation work" was incorrectly performed and "loading or unloading". on it; This exclusion applies even if the "Your product"' arising out of claims against any Insured allege "your product" or any part of it; negligence or other wrongdoing in the or supervision, hiring, employment, IL "Your work" arising out of "your training or monitoring of others by work" or any part of it and that Insured, If the "occurrence" included in the "products- which caused the "bodily injury" or completed operations hazard'". it damage" involved the � , QII � ownership, maintenance, use or io 11111 PAIrod Property Or Property entrustment to others of any Not physicalliv h1jured watercraft that is owned or operated "Property damage" to "impaired by or rented or loaned to an •• insured, y property", or property that has not been physically injured, arising out This exclusion does not apply to a ofr watercraft: a A defect, deficiency, inadequacy a While ashore on premises owned or dangerous condition in "your by or rented to any insured; or product" or "your work"; or 6. That is SQ-feet long or fess and h. A delay or failure by you, or that: anyone acting on your behalf, to fulfill the terms of a contract or ( } You own; or agreement. Page 10 of 23 0 2016 The Travelers Indemnity Company. All rights resew®d. EU 00 01 07 16 N In a UMBRELLA 0 S This exclusion does not apply to the 17.11 tenial Published With Knowledge Df lass of use of other property arising Falsify out of sudden and accidental physical injury to "your product" or "your "Personal Injury" or "advertising work" after it has been put to its injury" arising out of oral or written Intended use. publication, including publication by 12-ROC II Of Products, Work Or Imaired electronic means, of material, if done Property ii by or at tho direction of the Insured g Damages claimed for any loss, cost dwith knowledge of its falsity, 10.MAtuld0l Pghll�hnA Or Used Prior To 9or expense incurred by yeti or others Policy Period for the loss of use, withdrawal, recall, inspection, repair, replacement, a "Personal injury" or "advertising adjustment, removal or disposal of: Injury" arising out of oral or o -, "Your product"; written publication, including publication by electronic means, k "Your work"; or of material whose first publication C. "Impaired property"; took place before the beginning of the policy period; or if such product, work or property Is b. "Advertising Injury" arising out of withdrawn or recalled from the Infringement of copyright, "title" market or from use by any person or or "slogan" in your 'advertise- suspected because of a known or Ment" whose first infringement in suspectec! defect, deficiency, your "advertisement" was inadequacy or dangerous condition in it, committed before the beginning of the policy period. 11 Yialatlon Of Consul igr rhmcxp lal Protection o Laws 1O.Crimp Acts 0 "Personal injury„ or "advertising 0 "Bodily injury", "property damage", Injury, arising out of a criminal act "personal injury" or "advertising committed by or at the direction of * injury" arising out of any actual or the insured. alleged violation of a "consumer financial protection law", or any 20.Branch Of Contract other "bodily Injury". .'property "Personal injury" or "advertising damage personal Injury" yr injury" arising out of a breach of "advertising injury" alleged in any contract. claim or "suit" that also alleges any such violation. 21.Quality Or ftrformance of Uofyas 14. Unsolicited Communication Failure Ta Conform To Slaiga,�eets "Bodilyinjury", "Advertising Injury" arising out of the J y . 'property damage", failure of goods, products or services "personal Injury" or "advertising to conform with any statement of Injury" arising out of any actual or duality or performance made in your alleged violation of any law that "advertisement". restricts or prohibits the sending, transmitting or distributing of 22. Wrong description of Prices "unsolicited communication". "Advertising injury" arising out of the wrong 15.Access Or I�isclOsere Of Confidential pr 9 description of the price of Peeseflul lufonmation goods, products or services stated in "Bodily injury". "property damage", Your "advertisement". "personal Injury" or "advartising 23. IUtcilQWMI Property injury' arising out of any access to "Personal injury" or "advertising or disclosure of any person's or injury' arising out of any actual or organization's confidential or personal alleged infringement or violation of ix Information. any of the following rights or laws, }G. ilr DWIng Violation Of flights Of Another or any other "personal injury, or "Personal injury" or "advertisln "advertising injury" alleged in any claim Injury" caused by or at the direction such that also alleges any of the insured with the knowledge such inff ringement or violation: that the act would violate the rights S. Copyright; Of another and would inflict�"Personal b. Patent; injury" or "advertising injury". c. Trade dress; d. Trade name; EU 00 01 07 16 0 2016 The Travelers Indemnity Company, All rights reserved. Frage 11 of 23 UMBRELLA 0. Trademark; to mislead another's potential . f. Trade secret; or customers. 0 Other intellectual property rights C With respect to coverage C: or laws. Newly Acquirod, 90OW0111ed Or rerfri©d This exclusion does not apply to: Entities a "Advertising injury" arising out of "Crisis management service expenses" any actual or alleged infringement arising out of a "crisis management ar violation of another's copyright, event" that involves any organization "title" or "slogan" inyour you newly acquire or form and that "advertisement"; or occurred prior to tate date you acquired or formed that organization, even If an If Any other "personal injury" or "executive officer" only first becomes "advertising injury" alleged in any aware of an "event" or "occurrence" that claire or "suit" that also alleges leads to such "crisis management event" any such infr€agement or violation after the date you acquired or formed of another's eopyright, "title" or such organization. "stogan" in your "advertisement". SECTION V d CONDITIONS 24. In Mudie And Internet Type A. APPEALSBusiness "Personal injury" or "advertising 1• If the insured or the Insured's injury" arising out of an offense "underlying insurer" elects not to Committed by an insured whose appeal a judgment which exceeds the business is: "applicable underlying limit" or "self- A. Advertising, "broadcasting" or insured retention", we may do so. publishing; 2'. If we appeal such a judgment, we will -ls ofiL Designing or determining content Theseppaymlentsowilf of t ehe ducepealthe Of web-sites for others; or applicable limits of insurance. In no 9. An Internet search, access, event will our liability exceed the content or service provider, applicable limit of insurance. This exclusion does not apply to IL hull KRUPTCY Paragraphs 0.0), (2) and (3) of the 1. Bankruptcy or insolvency of the definition of "personal injury". insured or of the insureds estate will For tate purposes of this exclusion: not relieve us of our obligations under this Insurance. . a creating and producing 2In the event of bankruptcy or correspondence written in the conduct of your business, insolvency of any "underlying bulletins, financial or annual insurer", this insurance will not reports, or newsletters about your replace such bankrupt or insolvent goods, products or services will underlying insurer's" policy, and this not be considered the business of insurance will apply as if such publishing, and "underlying insurer" had not become b. The placing of frames, borders or bankrupt or insolvent. links, or advertising, for you or C. CANCELLATION others anywhere on the Internet T. The first Named Insured shown in the will not, by Itself, be considered Declarations may cancel this the business of advertising, insurance by mailing or delivering to "broadcasting" or publishing. us advance written notice of 25. Electronic Cha ooms Or 110110th hoards cancellation. "Personal injury" or "advertising 2. We may cancel this insurance by injury arising out of an electronic mailing or delivering to such first chatroom or bulletin board the Named Insured written notice of insured hosts, owns or over which cancellation at least: the insured exercises control. a6 10 clays before the effective date 26.Ilrlauthwized !Ilse Of Al<ialher's Nelle Or of cancellation if we cancel for Product nonpayment of premium; or "Personal injury.' or "advertising It. 60 days before the effective date injury arising out of the unauthorized of cancellation if we cancel for use of another's name or product in any other reason. your e-mail address, domain name or metatag, or any other similar tactics Page 12 of 23 ai 2016 The Travelers Indemnity Company. All rights reserved. FU 00 01 pq 9d N UMBRELLA 75 3. We will mail or deliver our notice to insurance, you must see to it that we such first Named Insured's last receive written notice of the claim or a mailing address known to us. of as soon as practicable. 4. Notice of cancellation will state the 3. With respect to Coverage A, the effective date of cancellation. The insured must: policy period will and on that date. a Cooperate with us in the 5. if this insurance is cancelled, we will Investigation, settlement or S send such first Named Insured any defense of any claim or "suit"; Premium refund due. If we cancel, the b, Comply with the terms of the refund will be pro rata. If such first Named Insured cancels, the refund "underlying insurance"; and may be less than pro rata. The c. Pursue all rights of contribution or cancellation will be effective even if Indemnity against any person or M we have not made or offered a organization who may be liable to a refund. the Insured because of the injury, �. If notice Is mailed, proof of mailing damage or loss for which * will be sufficient proof of notice. insurance is provided under this . CFIAIIES policy or any policy of M underlying insurance". This policy contains all the agreements 4. With respect to Coverage R, the between you Qnd us concerning the insured must: insurance afforded. No change can be made in the terms of this insurance it Immediately send us copies of except with our consent. The terms of any demands, notices, summonses this insurance can be amended or waived or legal papers received In N only by endorsement issued by us and connection with the claim or Q made a part of this policy. suit"; ca, E. CURAIMICY IL Authorize us to obtain necessary Payments for damages or expenses records and other information; * described In Paragraph S. of Paragraph D., C. Cooperate with us in the 13IFINSE AND SUPPLEMENTARY PAYMENTS, Investigation, settlement or of SECTIRG`J I — COVERAGES will be In the defense of any claim or "suit"; currency of the United States of and America. At our sole option, we may t Assist us, upon our request, in the make these payments in a different enforcement of any right against currency. Any necessary currency any person or organization which i conversion for such payments will be may be liable to the insured calculated based on the rate of exchange because of injury or damage to published In the Wall Street Journal which Coverage 6 may apply. Immediately preceeding the date the payment is processed. S. No insured will, except at that InsureE. DUTIES REGARDING AN EVENT. OCCURRENCE make d'a awn expense, voluntarily any CLAIM OR SUIT Payment. assume any obligation, make any admission or 'I. You must see to it that we are incur any expense, other than for first notified as soon as practicable of an aid for "bodily injury" covered by "event" or "occurrence" which maythis Insurance, without our consent, result in a claim under this insurance. 6. Knowledge of an "event", To the extent possible, notice should "occurrence", claim or "suit" by your include: agent, servant or "employee" will not How, when and where the "event" constitute knowledge by you, unless or "occurrence" took place; your insurance or risk manager, or anyone working In the capacity as 6. The names and addresses of any your insurance or risk manager, or persons or organizations anyone you designate with the ICI sustaining Injury, damage or loss, responsibility of reporting an "event", and the names and addresses of "Occurrence". claim or "suit": any witnesses; and Has received notice of such G The nature and location of any "event", "occurrence", claim or injury or damage arising out of "Suit- from such agent, servant or the event or "occurrence". , employee"; or 2. If a claim is made or "suit" is b. Otherwise has knowledge of such brought against any Insured which "event", "occurrence", claim or may result in a claim under this "suit". EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 23 UMBRELLA G. DUST AWAADING A CHISIS NAi1A�EMAIT b. You have paid all premiums due r for this policy at the time you You must: make such request; 7. Notify us within 30 days of a "crisis C. You promptly pay the additional management event" that may result in premium we charge for the „crisis. management service Extended Reporting Period expenses". endorsement for this insurance when due. We will determine that 2. Provide written notice of the "crisis additional premium after we have management event` as soon as received your request for the practicable. To the extent possible, Extended Reporting Period notice should include: endorsement for this insurance. a. blow, when and where that "crisis That additional premium is not management event" took place; subject to any limitation stated in the underlying Insurance on the b. The names and addresses of any amount or percentage of persons or organizations additional premium thatmay be sustaining injury, damage or loss, charged for the "extended and the named and addresses of reporting period" in such any witnesses; "underlying insurance"; and e. The nature and location of any d. That Extended Reporting Period injury or damage arising out of endorsement is issued by us and that "crisis management event made a part of this policy. and 3. Any Extended Reporting Period d. The reason that "crisis endorsement for this insurance will management event" is likely to not reinstate or Increase the Limits involve damages covered by this of Insurance or extend the policy insurance In excess of the period. "applicable underlying limit" or " 4, Except with respect to any provisions self-insured retention" and to the contrary contained in involve regional or national media Paragraphs 9., 2. or 3. above, all coverage. revisions of an option to H. EXAMINATION OF Y01M 900113 Ahl® RECORDS ay n" extended reporting Purchase p g period•• We may examine and audit your books granted to you In the "underlying and records as they relate to this insurance apply to this insurance. insurance: J. INSPECTIONS AND SURVEYS t. At any time during the policy period; 1. We have the right but are not 2. Up to three years after the end of obligated to: the policy period; and a Make inspections and surveys at 3. Within one year after final settlement any time; of all claims under this insurance, b. Give you reports on the L EXTENDED REPORTING PERIOD UPTIOII conditions we find; and 1. When the "underlying insurance" c. Recommend changes. applies on a claims-made basis, any 2. Any inspections, surveys, reports or automatic or basic "extended recommendations relate only to reporting period" In such "underlying insurability and the premiums to be insurance" will apply to this charged. We do not make safety insurance. inspections. We do not undertake to 2. When the "underlying insurance" perform the duty of any person or applies on a claims-made basis and organization to provide for the health you elect to purchase an optional or or safety of workers or the public. supplemental "extended reporting We do not warrant that conditions: period" in such "underlying &. Are safe or healthful; or insurance," that "extended reporting b, comply with laws, regulations, period" will apply to this insurance only if: codes or standards. a. A written request to purchase an IL LEGAL ACTION AGAINST OS Extended Reporting Period 1. No person or organization has a right endorsement for this insurance is under this insurance: mads by you and received by us within 90 days after the end of a• To join us as a party or otherwise the policy period, bring us into a "suit" asking for damages from an insured; or Page 14 Of 23 0 2016 The Travelers Indemnity Company. All rights reserved. DU 00 01 07 18 a LO ' QQ UMBRELLA rS b. To sue us on this insurance unless M. OTHER INSURANCE all Its terms have been fully compiled with. This insurance is excess over any valid and collectible "other insurance" whether 2. A person or organization may sue us such "other insurance" is started to be to recover on an agreed settlement primary, contributing, excess, contingent or on a final judgment against an or otherwise. This provision does not Insured. We will not be liable for apply to a policy bought specifically to damages that: apply as excess of this Insurance. a Are not payable under the terms However, if you specifically agree in a Q� of this insurance; or written contract or agreement that the �S b. Are in excess of the applicable insurance provided to any person or limit of insurance. organization that qualifies as an insured under this Insurance must apply on a o An agreed settlement means a primary basis, or a primary and non- settlement and release of liability contributory basis, then insurance signed by us, the insured and the provided under Coverage A, is subject to g claimant or the claimant's legal the following provisions: representative. 1. This insurance will apply before any MAINT14VANCE OF UNDERLYING INSURANCE "other insurance" that is available to 9. The insurance afforded by each such additional insured which covers � policy of "underlying insurance" will thatperson or organization as a be maintained for the full policy named Insured. and we will not share period of this Excess Follow-Dorm with that other Insurance", provided And Umbrella Liability Insurance. This that the injury or damage for which v provision does not apply to the coverage is sought Is caused by an reduction or exhaustion of the event that takes place or is o aggregate limit or limits of such committed subsequent to the signing a "underlying insurance" solely by of that contract or agreement by you. payments as permitted in Paragraphs 2. This insurance is still excess over * 4.&M, (2) and (3) of COVERAGE A - any valid and collectible "other EXCESS (FOLLOW-FOW LIABILITY of insurance", whether primary, excess, SECTION 1 - COWRAGES, As such contingent or otherwise, which covers Policies expire, you will renew them that person or organization as an at limits and with coverage at least additional insured or as any other equal to the expiring limits of insured that does not qualify as a insurance. If you fail to comply with named insured. the above requirements, Coverage A N. PREMIUM is not Invalidated. However, in the event of a loss, we will pay only to 1. The first Named Insured shown in the the extent that we would have paid Declarations Is responsible for the had you compiled with the above payment of all premiums and will be requirements. the payee for any return premiums. 2. The first Named Insured shown In the 2. If the premium is a fiat charge, it is Declarations must give us written not subject to adjustment except as notice of any change in the provided in Paragraph 4. below. "underlying insurance" as respects: 3. If the premium is other than a flat a. Coverage; charge, it is an advance premium b. Limits of Insurance; only. The earned premium will be computed at the end of the policy c. Termination of any coverage; or period, or at the end of each year of d. Exhaustion of aggregate limits. the policy period if the policy period Is two years or longer, at the rape ® 3. If you are unable to recover from shown In the Declarations, subject to any "underlying insurer" because the Minimum Premium. l� you fall to comply with any term 4. Additional premium may become I or condition of the "underlying payable when coverage is provided Insurance", Coverage A is not for additional insureds under the Invalidated. However, we will pay for provisions of SECTION II - Vj110 IS AN any loss only to the extent that we INSURED. would have paid had you complied with that term or condition in that O. ]PREMIUM AUDIT "underlying insurance". The premium for this policy is the amount stated In Item 5. of the Declarations. The premium is a flat EU 01) 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 23 UMBRELLA charge unless it is specified in the 2. Separately to each insured against • Declarations as adjustable. whom claire is made or "suit" is I- PROHIBITED COVERAGE - UNLICENSED brought. INSURANCE T WAIVER OR TRANSFER OF RIGHTS OF 1. With respect to loss sustained by any RECOVERY AGAINST OTHERS TO US Insured in a country or jurisdiction In1. If the Insured has rights to recover which we are not licensed to provide all or part of any payment we have this Insurance, this Insurance doss made under this insurance, those not apply to the extent that insuring rights are transferred to us and the such loss would violate the laws or insured must do nothing after loss to regulations of such country or impair them. At our request, the jurisdiction. insured will bring suit or transfer 2. We do not assume responsibility for: those rights to us and help us, and 8. The payment of any fine, fes, 'u;nderlyi respect '; n Insurer-, for overace them. the penalty or other charge that may if the insured has agreed in be imposed on any person or g organization In any country or a contract or agreement to waive jurisdiction because we are not that insured's right of recovery licensed to provide insurance In against any person or organization, such country or jurisdiction; or we waive our right of recovery The furnishing of certificates or against thafoperson or organization, onl y payments we make other evidence of Insurance in any because of an "event" that takes country or jurisdiction in which we place or is committed subsequent to are not licensed to provide the execution of that contract or insurance. agreement by such insured. 0. PROHIBITED COVERAGE - TRADE OR 2. Reimbursement of any amount ECONOMIC SANCTIOIES recovered will be made in the We will provide coverage for any loss, following order: or otherwise will provide any benefit, a, First, to any person or only to the extent that providing such organization (including us or the coverage or benefit does not expose us insured) who has paid any amount or any of our affiliated or parent in excess of the applicable limit companies to: of insurance; 1. Any trade or economic sanction under L Next, to us; and any law or regulation of the United States of America; or C. Then, toany person or Z. Any other applicable trade or organization (including the insured economic sanction, prohibition or and with FESpect Coverage A. P the "underlying insurer") that Is restriction. entitled to claim the remainder, If R. REPRESENTATIONS any. BY accepting this insurance, you agree: 3. Expenses incurred in the process of 1. The statements in the Declarations recovery will be divided among all persons or organizations receiving and any subsequent notice relating to amounts recovered according to the "underlying insurance" are accurate ratio of their respective recoveries. and complete; U TRANSM OF YOUR RIGHTS AND DUTIES 2. Those statements are based upon UNDER THIS INSURANCE representations you made to us; and 3. We have Issued this Insurance in 1• Your rights and duties under this Insurance may not be transferred reliance upon your representations. without our written consent except in S. SWARATION OF IMBEDS the case of death of an individual Except with respect to the Limits of Named Insured. Insurance, and any rights or duties 2• If you die. your rights and duties will specifically assigned in this policy to be transferred to your legal the first Named Insured shown In the representative but only while actings Declarations, this Insurance applies: within the scope of duties as your legal representative. Until your legal 1. As if each Named insured were the only Named Insured; and representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Page 16 of 23 0 2016 The Travelers indemnity Company. All rights reserved, EU 00 01 07 16 N Ln 0 UMBRELLA V, UIYIIIITENTIONAL CIMISSION 013 Efif111R 3. "Electronic data" means information, The unintentional omission of, or facts or programs stared as or on, unintentional error in, any information created or used on, or transmitted to provided by you which we relied upon in or from computer software (Includin issuing this policy will not prejudice systems and applications software}, your rights under this insurance, hard or floppy disks, CD-ROMs, However, this provision does not affect tapes, drives, cells, date processing $ our right to collect additional premium devices or any other media which are or to exercise our rights of cancellation used with electronically controlled or nonrenewal in accordance with equipment. applicable insurance laws or regulations. 4. "Event" means an "occurrence", W. WHIM LOSS IS PAYABLE offense, accident, act, error, If we are liable under this insurance, we omission, wrongful act or loss. o will pay for injury, damage or loss after. 5. ""Extended reporting period" means 1. The insured's liability is established end of so he f time, starting with the by. policy period of your claims-made insurance, during which a. A court decision; or claims or "suits" may be first made, brought or reported for that II. A written agreement between the insurance. claimant, the"underlying insurer"Insured, any us, and 6. "Medical expenses" means expenses to which any Medical Payments a 2. The amount of the "applicable section of any policy of Commercial underlying limit" or "self-insured General Liability "underlying retention" is paid by or on behalf of insurance" applies, the insured. ° SECTION VI - DEFIINITIOINS T. "Other insurance" means insurance. or 0 the funding of losses, that is A. With respect to all coverages of this provided by, through or on behalf of; insurance: a Another insurance company; 1. "Applicable underlying limit" means b. Us ar any of our affiliated the sum of: insurance companies; a, The applicable limit of insurance m Any risk retention group; stated for the policiesof "underlying insurance" in thhee d. Any self-insurance method or Schedule Of Underlying Insurance program, in which case the insured subject to the provisions In will be deemed to be the provider Paragraphs 4.a,(1), (2) and (3) of of such insurance; or COVERAGE A - EXCESS FOLLOW- e. Any similar risk transfer or risk FORM LIABILITY of SECTION I - management method. COVERAGES; and "Other insurance" does not include: h. The applicable limit of Insurance Any "underlying Insurance"; or of any "other insurance" that applies. b. Any policy of insurance The limits of insurance in any policy specifically purchased to be of "underlying insurance" will apply excess of the limits of insurance even if: of this policy shown in the Declarations. a The "underlying insurer" claims B, "Products-compieted operations the insured felled to comply with hazard": term or condition of the Po Icy, or e. Includes all "bodily injury" and I� h. The "underlying insurer" becomes 'property damage" occurring away bankrupt or insolvent. from premises you own or rent and arising out of "your product" 2. "Auto hazard" means all "bodily or "your work" except. injury" and "property damage" to (1) Products that are stili in which liability insurance afforded your under an auto policy of "underlying Physical possession, or insurance" would apply but for the (2) Work that has not yet been exhaustion of Its applicable limits of completed or abandoned. insurance. However, "your work" will be deemed completed at the earliest of the following times: EIS 00 01 07 1s 0 2016 The TrAwalers Indemnity Company. All rights resorved. Pag© 17 of 23 UMBRELLA (a) When all the work called Liability Insurance. for in your contract has been completed; C. Goes not include any part of the (b) When all the wank to b8 policy period of any of the policies described in Paragraphs a, done at the job site has or b. above that began before, or been completed if your that continues after, the policy contract calls for work at more than one job site; or period of this Excess Follow-Form And Umbrella Liability Insurance. (C) When that part of the work 1 i. "Underlying Insurer" means any done at a job site has been Insurer which provides a policy of Put to its intended use by insurance listed In the Schedule Of any person or organization Underlying Insurance, other then another con-- tractor or subcontractor K With respect to Coverage b and, to the working on the same extant that the following terms are not project. defined in the "underlying insurance", to Work that may need service, Coverage A: maintenance, correction, repair "Advertisement" means a notice that or replacement, but which is is broadcast or published to the otherwise complete, will be general public or specific market treated as completed. segments about your goods, products • b. Does not Include "bodily Injury" or services for the purpose of or "property damage" arising out attracting customers or supporters. of For the purposes of this definition: (1) The transportation of property, a Notices that are published include unless the injury or damage material placed on the Internet or arises out of a condition in or on similar electronic means of on a vehicle not owned or communication; and Operated by you, and that b. Regarding web sites, only that condition was created by the part of 0 well site that is about "loading or unloading" of that your goods, products or services vehicle by any insured; for the purposes of attracting (2) The existence of tools, customers or supporters is uninstalled equipment or considered an advertisement. abandoned or unused materials; Z. "Advertising injury or a. Means injury, other than "personal (3) Products or operations for injury", caused by one or more of which the classification listed the following offenses: In a policy of Commercial General Liability „underlying (i) Oral or written publication, insurance" states that products- including publication by completed operations are electronic means, of material subject to the General in your "advertisement" that slanders or libels a Aggregate Limit. person or 9. proceeding which organization or disparages a "Suit" means a civil p g person's or organization's alleges damages. "Suit" includes: goods, products or services, IL An arbitration proceeding in which provided that the claire is damages are claimed and to which made or the "suit" is brought the insured must submit or does by a person or organization submit with our consent; or that clalms to have been slandered or libeled, or that b. Any other alternative dispute claims to have had its goods, resolution proceeding to which the products or services insured submits with our consent. disparaged; 1D. "Underlying Insurance": (2) Oral or written publication, AL Means the policy or including publication by p y policies of electronic means, of material insurance listed In the Schedule in your "advertisement" that: Of Underlying Insurance. b. Includes any renewal or replace- (a) Appropriates a person's ment of such policies if such name, voice, photograph or renewal or replacement .Is during likeness; or the policy period of this Excess (b) Unreasonably places a Follow-Form And Umbrella person in a false light; or Mage IS of 23 0 2016 The Trsvolers Indemnity Company. All rights reserved. EU 00 01 07 16 N ko UMBRELLA (3) Infringement�F of ,� copyright, of any credit, debit, bank or other title or slogan in our financial account; "advertisement", provided that the claim is made or the "suit" b. Information bearing on a person's is brought bya person or credit worthiness, credit standing organization that claims owner- or credit capacity; ship of such copyright, "title" 9 Social security number; or "slogan". b. Includes "bodil injury" d Driver's license number; or Y ! Y' caused by one or more of the offenses g, girth date. described in Paragraph a above, 7, "Consumer financial protection law" 3. "Auto" means: means; ae A lend motor vehicle, trailer or a. The Fair Credit reporting Act ca o semitrailer designed for travel on (FORA) and any of its public roads, including any amendments, including the Fair attached machinery or equipment; and Accurate Credit Transactions " or Act (FACTA); IL Any other land vehicle that is b. California's Song-Beverly Credit subject to a compulsory or Card Act and any of its financial responsibility law or amendments; or other motor vehicle insurance law e. Any other law or regulation that v where it is licensed or principally restricts or garaged., prohibits the collection, dissemination, trans- However, "auto" does not include mission, distribution or use of mobile equipment". "consumer financial identity o 4. "Bodily injury" means: information". a. Physical harm, Includingsickness 8. "Employee" includes a "leased or disease, sustained ba person, a Qtemporarypworker"does not include or 9. "Good Samaritan services" means h. Mental anguishinjury or illness, any emergency medical services for or emotional distress, resulting at which no compensation is demanded any time from such physical harm, or received. sickness or disease. a. "Broadcasting" means transmitting 10• '"Impaired property" means tangible any audio or visual material for any or° party, other than your product" purpose: "Your work", that cannot be used or is less useful because: ML By radio or television; or a It incorporates "your product" or IL In, by or with any other electronic "Your work" that Is known or means of communication, such as thought to be defective, deficient, the Internet, if that material is Inadequate or dangerous; or part of. b. You have failed to fulfill the (1) Radio or television terms of a contract or agreement; programming being transmitted; if such property can be restored to I (2) Other entertainment, educat- use by the repair, replacement, €onai, instructional, music or adjustment or removal of "your news programming being trans- product" or "your work" or your mitted`• or fulfilling the terms of the contract or (3) Advertising transmitted with agreement. any such programming. 19. "Leased worker" means a person lease6. "Consumer financial Identity under dano agreement laborleasing a d Information" means any of the the labor leasing firm, to perform following information for a person duties related to the conduct of your that Is used or collected for the business. "Leased worker" does not purpose of serving as a factor in include a "temporary worker". establishing such person's eligibility for personal credit, insurance or 12. "Loading or unloading" means the employment or for the purpose of handling of property: conducting a business transaction: e, After it is moved from the place S. Part or all of the account number, where it is accepted for the expiration date or the balance movement Into or onto an aircraft, EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved Page 19 of 23 UMBRELLA watercraft or "auto"; (1) Equipment designed primarily _ b While it is In or on an aircraft, for: watercraft or "auto"; or (a) Snow removal; C. While it is being moved from an (b) Road maintenance, but not aircraft, watercraft or "auto" to construction or resurfacing; the place where it is finally or delivered; but "loading or unloading" does not (t) Street cleaning; include the movement of property by (Z) Cherry pickers and similar means of a mechanical device, other devices mounted on automobile than a hand truck, that is not or truck chassis and used to attached to the aircraft, watercraft or raise or lower workers; and "auto". (3) Air compressors, pumps and 19. "Mobile equipment" means any of the generators, including spraying, following types of land vehicles, welding, building cleaning, Including any attached machinery or geophysical exploration, lighting equipment: and well servicing equipment. a. Bulldozers, farm machinery, However, "mobile equipment" does forklifts and other vehicles not include any land vehicle that is designed for use principally off subject to a compulsory or financial public roads. responsibility low, or other motor b. Vehicles maintained for use solei vehicle insurance law, where it is y licensed or principally garaged, Such an or next to premises you own land vehicles are considered "autos". or rent. C. Vehicles that travel on crawler 14. "Occurrence" means: treads. a. With respect to "bodily injury" or d Vehicles, whether self-propelled or "property damage": not, maintained primarily to (1) An accident, including contin- provide mobility to permanently uous or repeated exposure to mounted: substantially the same general harmful conditions, which (1) Power cranes, shovels, loaders, results in "bodily injury" or diggers or drills; or "property damage". All 'bodily (2) Road construction or injury" or "property damage„ resurfacing equipment such as caused by such exposure to graders, scrapers or rollers. substantially the same general C. Vehicles not described in Para rah harmful conditions will be I&. IL, e. or d above that are not tloccurrence";cnoteemed y ane self-propelled and are maintained primarily to provide mobility to (Z) An act or omission committed permanently attached equipment of in providing or failing to the following types: provide first aid or "Good Samaritan services" to a (1) Air compressors, pumps and person by any of your generators, Including spraying, "employees" or "volunteer welding, building cleaning, workers" other than an geophysical exploration, fighting employed or volunteer doctor, and well servicing equipment; unless you are in the business or or occupation of providing (2) Cherry pickers and similar professional health care devices used to raise or lower services; workers. b. With respect to "personal injury", f. Vehicles not described in Paragraph an offense arising out of your 1, li, c. or d above maintained business that results In "personal primarily for {purposes other than injury". All "personal injury" the transportation of persons or caused by the same or related cargo. injurious material, act or offense will be deemed to be caused by However, self-propelled vehicles one "occurrence", regardless of with the following types of the frequency or repetition permanently attached equipment thereof, the number and kind of are not "mobile equipment ' but media used or the number of will be considered "autos': persons or organizations making claims or bringing "suits"; and Page 20 of 23 2016 The Travelers Indemnity Company. All rights reserved ELF 00 Of 07 10 N UMBRELLA oC. With respect to "advertising It. Includes "bodily injury" caused by injury", an offense committed in one or more of the offenses the course of advertising your described in Paragraph a above. goods, products and services that results in "advertising injury". Ail 17. "Pollutants" mean any solid, liquid, "advertising injury" caused by the gaseous or thermal irritant or same or related injurious material, contaminant, including smoker vapor, act or offense wil be deemed to soot, fumes, acids, alkalis, chemicals $ be caused by one "occurrence", and waste. Waste includes materials regardless of the frequency or to be recycled, reconditioned or repetition thereof, the number and reclaimed• kind of media used or the number 18. "Property damage" means: of persons or organizations making claims or bringing "suits". a. Physical Injury to tangible c 15. "Officer" means a person holding any property, including all resulting of the officer positions created b loss of use of that property. All your charter, constitution, bylaws or such loss of use will be deemed * to occur at the time of the any other similar governing document. physical injury that caused it; or ti 16. "Personal injury": b. Loss of use of tangible property a. Means injury, other than that is not physically injured. All "advertisinginjury caused by such loss of use will be deemed 0 one or more of the following to occur at the time of the offenses: "occurrence" that caused It. (1) False arrest, detention or For the purposes of this Insurance, Imprisonment; "electronic data" is not tangible property, o (2) Malicious prosecution; 19, "Self-insured retention" is the greater (3) The wrongful eviction from, of. wrongful entry into, or a The amount shown in the invasion of the right of private occupancy of a room, dwelling Declarations which the insured or premises that a person must first pay under Coverage 'B occupies, provided that the for damages because of all wrongful eviction, wrongful "bodily injury". $, ro ert entry or invasion of the right damage". "personal injury"p or of private occupancy Is "advertising injury" arising out of committed by or on behalf of any one "occurrence"; or the owner, landlord or lessor li. The applicable limit of insurance of that room, dwelling or of any "other insurance" that premises; applies. (4) Oral or written publication, 28. "Slogan": including publication by electronic means, of material a Means a phrase that others use that slanders or libels a person for the purpose of attracting or organization or disparages a attention In their advertising. person's or organization's k Does not include a phrase used goods, products or services, as, or in, the name of: provided that the claim is made or the "suit" is brought (1) Any person or organization by a person or organization other than you; or that claims to have been (2) Any business, or any of the slandered or libeled, or that premises, goods, Claims to have had Its goods, products, products or services services or work, of any disparaged, or person or organization other than you. (5) Oral or written ublica publication 2t than worker- means a person electronic In who is furnished to you to substitute electronic means, of material that: for a permanent "employee" on leave (a) A or to meet seasonal or short-term Appropriates a person's workload conditions. nam e,S voice, photograph or 22_ "Title" means the name of a literary likeor artistic work. (b) Unreasonably places a person in a false light. EV 00 01 07 ifi 0 2016 Tho Travelers Indemnity Company. All rights reserved. Page 21 of 23 UMBRELLA 23. "Unsolicited communication" means C. With respect to Coverage �: y any communication, in any form, that the recipient of such communication �• "Crisis management advisor" means did not specifically request to any public relations firm or crisis receive. management firm approved by us that 24, "Volunteer worker means a is hired by you to perform "crisis who is not your "employee",eerson management services" in connection yWith a "crisis management event". who donates his or her work and acts at the direction of and within the 2. "Crisis management event" means an scope of duties determined by you, ••event" or "occurrence" that your and is not paid a fee, salary or other "executive officer" reasonably compensation by you or anyone else determines has resulted, or may for their work performed by you. result, in: 25. "Your product": Damages covered by this a. Means: Coverage A or Coverage B that are in excess of the total (1) Any goods or products, applicable limits of the "under- other then real property, lying insurance" or "self-insured manufactured, sold, handled, retention"; and distributed or disposed of by: l�. Significant adverse regional or (a) You; national media coverage. (if) Others trading under your 3. "Crisis management service name; or expenses" means amounts incurred by W A you, after a "crisis management Person or organization event" first commences and before whose business or assets such event ends: you have acquired; and e, For the reasonable and necessary: (2) Containers (other than vehicles), materials, parts or equipment (1) Fees and expenses of a "crisis furnished in connection with management advisor" In the such goods or products. performance for you of "crisis b. Includes: management services" solely for a "crisis management (1) Warranties or representations event"; and made at any time with respect (2) Costs for printing, advertising, to the fitness, quality, dura- mailing of materials or travel bility, performance or use of by your directors, officers, 'your product'; and employees or agents or a (2) The providing of or failure to "crisis management advisor" provide warnings or solely for a "crisis manage- instructions. ment event"; and C. Does not include vending b. For the following expenses machines or other property rented resulting from such "crisis to or located for the use of management event", provided that others but not sold. such expenses have been approved 26. "Your work": by us: 8. Means: (1) Medical expenses; (1) Work or operations performed (2) Funeral expenses; by you or on your behalf; and (3) Psychological counseling, (2) Materials, parts or equipment (4) Travel expenses; furnished in connection with (5) Temporary living expenses; such work 'or operations. ii Includes: (6) Expenses to secure the sceneo of a crisis management ['(] Warranties or representations event"; or made at any time with respect (7) Any other expenses Pre- to the fitness, quality, approved by us, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 22 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 Int 07 16 Q UMBRELLA 4. "Crisis management services" means d President; those services performed by a "crisis management advisor" in advising you 8 General Counsel; or minimizing potential harm to you f. General partner (if you are a from a "crisis management event" by partnership); or maintaining or restoring public confidence in you. g Sole proprietor (if you are a sole 5. "Executive officer" means your: proprietorship); $ or any person acting in the same l� Chief Executive Officer; capacity as any individual listed IL Chief Operating Officer; above. L Chief Financial Officer; M 0 a, m a m v _E N 0 0 U tp I� Eli 00 AI 07 16 0 2078 Tho Travelers Indemnity Company. All rights roserved Page 23 of 23 00 61 25- 1 CERTIFICATE OF INSURANCE Page I of 1 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with standard 7 ACORD Certificate gfInsurance form.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CH Y OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City 1'mect No 100420 Revised July I,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY 01=FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCITMt NTS Revision_1--cbnjary2,2010 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 Article2 Preliminary Matters................................. ........................................................•---•------....................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work.....................................................................................•---------•---•.............-•-......8 2.04 Before Starting Construction ........................................................................................................8 2.05 Preconstruction Conference....................................................................................•---•.................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules..................................------•--.....................------......------------------......8 Article 3—Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent.....................................•-........---...... .....................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents..................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data........................................•-•----.......---....------------......------......------......------------------... I 1 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Points.............. 4.01 Availability of Lands ...........................................................•---•.........................................•••...... 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 6Contractor's Responsibilities........................................................................................................ 19 6.01 Supervision and Superintendence...........................................................•-----------••-----•-•.............. 19 CFI Y OF FORT WORTr I STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision Fd�niary2,2016 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 Indemnifcation .........................................................................................................................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 F'.nvironmental 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:Februh-uy 2120 1 6 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 I 1 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 1 1.01 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................................ 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"I-ermination........................................................................................57 15.01 City May Suspend Work.......................................................................................................•.....57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution ......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision'Fcbrirary 2,2016 Article17—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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision Fdxuary2.2016 007200-1 GENERAL CONDITIONS Page I of 63 ARTICLE I –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. Asbestus--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 Adlministration. 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 Reguiremenis—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH S'rANDARDCONSrRUCTION SPECIFICATION DOCUMENTS Revision Fehmmy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas. a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney— The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement(subject to the provisions of Paragraph 11.03 in the case ofilnit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve .Milestones, if any and (ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work See Paragraph 1 l.01 of these General Conditions for definition. CITY OF FORT WORTI I STANDARDCONSTRIWTION SPECIFICATION DOCIJMI NTS Revision-Febuary 2,2016 007200-I GENERAL CONDITIONS Page 3 of 63 25, Damage Claims – A demand for money or services arising from the Project or Site fi-om a third party, City or Contractor exclusive of a Contract Claim, 26. Day or day---A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of'Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of 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. 29. Director of Planning and Development The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of'Water Department – The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent. and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer The licensed professional engineer or engineering firm registered in the State of Texas performing professional services forthe City. 35. Extra Work -- Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36, Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37_ Final Acceptance The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision Fehany 2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance With the Contract Documents. 39. General Requirements--Sections of Division I of the Contract Documents. 40. Hazardous Environmental Condition- The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item—An item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to.Final Acceptance of the Work. 46. Notice of Award---The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs Polychlorinated biphenyls. 49. 1'etroleurn---Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-.Hazardous Waste and crude oils_ 50. Plans— See definition of Drawings. CTY OF FOR'] WORTH STANDARD CONSTRUCTION SPECFFICATION DOCUMF.N`l:S Revision:Febnwy2,2016 00 72 00- 1 GENERAL CONDITIONS Page D 01763 51. Project Schedule---A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project The Work to be performed under the Contract Documents. 53. Project Mangger—The authorized representative of the City who will be assigned to the Site. 54. Public Meeling — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioaclive Material Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Flows Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule oj'Submillals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule oj'Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits,and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems,standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a pard of the Contract Documents by attachment or, if not attached, may be incorporated by reference as Indicated in the Table of Contents (Division 00 00 00)of each Project. 62. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTI r STANDARD CONSTRUCTION SPECIFICATION DOCUMLNTS Revision:Fabruaiy2,2016 00 72 00-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder The .Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. 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 park of the Contract Documents which amends or supplements these General Conditions. 67. Supplies—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 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms orAdjectives: CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the lei-ins "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 (I) 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'Contraet Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARDCONSrRUCTION SPECIFICATION DOCUMENTS Revision:Fehnay2,2010 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starling 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 Bejbre Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconslriection Conference Before any Work at the Site is started, the Conti-actor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 .Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof)to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred fi-om 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 WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Februaiy2,_2016 (107200-1 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 maybe 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, en-or, 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 PORT WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fab®auy 2,2016 007200-1 GENERAL CONDITIONS Page 10 of63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract 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 wORTI1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revisi on:FebrLoy 2,2016 U07200-I GENERAL CONDITIONS Page 1 I of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor- from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or F rigineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I. 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 WOR-1-14 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revisiun:F-cbnwry 2,2010 0072{10-1 GENERAL CONDITIONS Page 12 oi'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 Draiving.s: 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 WORTI I STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision-Ftbr�4uy2,201 G 007200-1 GENERAL CONDITIONS Nage 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_Febeuary2,2016 00 72 00-1 GENERAL CONDITIONS Pagc 14 of Cil Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground f=acility 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 sutficient 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 Environmenlal Condition al 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 WORTI r STANDARD CONSTRUCTION SPECIFICATION DOC[IMFNTS Revision Febrmy2,2016 007200-1 GENERAL CONDITIONS Page 15 o1'63 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 1la7ardous 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 underwhich 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 Laivs 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 4.06G shall obligate Contractor to indemnij�any individual or entity from and against the consequences of that individual's or entity's own negligence. N. 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 WORT]i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision'Febnuaty2,201 G 007200-1 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 Perforinance, Payment, and Maintenance Bonds A. Contractor shall fumish 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 atter 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 (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARDCONSTRUCnON SPECFICATION DOCUMENTS Revision Febmaty2,2016 007200-1 GENERAL CONDITIONS Page 17 ol'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 ofthe 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. S. 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 WORTI i STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fcbrnmy2,2016 00 72 OD-1 GENERAL CONDITIONS Page 18 of63 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 C 1TY OF FORT WORT]r STANDARD CONSTRUCTION SPFCIFI CATION DOCUMCNTS Rcv inion:Fcbivary 2,2Q 16 007200-r 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 rninimum 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 darnage 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 andlnsurance; 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 WORTI I STANDARD CONSTRUCTTOAI SPFCTFICATION DOCUMENTS Revision Febriwy2,2016 00 72 00-1 GENERAL CONDITIONS Paee 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. Conti-actor 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 L at the Site shall be performed during Regular Working Ilours. 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, .Malerials, and Equiprnenl 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 SfANI_)ARI)CONSTRUCTION SPECIFICATION DOCUMENTS Kevision Febr"y2,2016 007200-1 GENERAL CONDITIONS Pace 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. I. 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 Suhslrtules 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; CTTY OF FORT WORTI4 STANDARD CONSTRUCTION SPF.CIFTCATION DOCUMENTS Revision:February2,2016 007200-1 GENERAL CONDITIONS Page 22 of63 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: l) 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. 5uhstifule 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMTNTS Revision Febakuy2,2016 007200-1 GENERAL CONDITIONS Pave 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 Clairns of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: Ifa 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 detennine 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 subslituled 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 WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision-Februmy 2,2016 00 72 00-1 GENERAL CONDITIONS Pace 24 of63 C. City Substilule Reimbursement: Costs(savings or charges)attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. 11. Time Exlensions: No additional time will be granted for substitutions. 6.06 Concerning Subconlraclors, Suppliers, and 01hers A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance_ It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books,records, or tiles in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A.Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT wORTII STAN DAR DCONSTRUCTION SPrCIFICATION DOC]TMI_=NTS Revision rcbr„a<y2,2010 as7200-I GENERAL CONDITIONS Page 25 463 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 Rales 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 Feljumy2,20I6 00 72 00-1 GENERAL CONDITIONS Page 26 M'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 I I th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. I-1. 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 peiformance of'the Work or resulting frolrr CH Y OF FORT WORTr 1 STANDARD CONSTRUCTFON SPECIFICATFON r)OCUMF NTS Revision-f Lbncuy2,2010 00 72 00-1 GENERAL CONDITIONS Paec 27 o1'63 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 set-vice 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.Andy Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Pen-nits 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 WORTlI sTANDAR.D CONST.RUCT10N SPECIFICATION DOCUMENTS Revision Fehimy2,2016 007200-1 GENERAL CONDITIONS PaRc 28 ol'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 sub_fect 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 1.51.301-335 (as amended),the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. lett :r'i«.-ww.window.state_tx_usttaxinfoltaxfol-msl93-fol-ms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: I_ 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 Conti-actor 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 STANDANDCONSTRUCTION SPECIFICATION DOCUMENTS Revision Febmary22016 00 72 00-1 GENERAL CONDITIONS Page 29 o1'63 3. Should any Damage Claim be made by any such owneror occupant because ofthe 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 Cily,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 Slruclures: 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision'FcbrL"2,2016 007200-i 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 maybe 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 Represenlative 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 Rectificalion 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 SPECIF[CA-HON DOCUMENTS Revision Febn,a,y2,2016 007200-1 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 Subminals 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 01 FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision F&iUary2,2016 007200- 1 GENERAL CONDITIONS Pace 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: I. 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 WORT]l STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Rev isi on:Febmary 2.2016 007200-1 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: I. 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 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS 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 FOIrr Wolrl H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision lebnrary272016 00 72 00-1 GENERAL CONDITIONS Pape 34 ot'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 early out Contractor's responsibilities for construction rneans, methods,techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems; lrraterials 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 WORTI I STANr}ARD C'ON5TRUC ION SPECIFICATION DOCUMENTS Revisions Februwy 2,2016 00 72 00-1 GENERAL CONDITIONS r'aee 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 maybe requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the I-ate 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 Conti-actor 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 property 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 Or TORT WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUIv1EN'rS Revision Fdiru n,2,2016 00 72 00-1 GENERAL CONDITIONS Page 36 of63 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 S—CITY'S RESPONSIBILITIES 8.01 Communications to Contraclor 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 WORT]l sTANr)ART)CONSTRUCTION SPT CIFiCAT1ON T)OCUMFIMTS Revision Fcbnuy2,2016 007200-1 GENERAL CONDITIONS Pau 37 o1'63 8.07 Limitations on City's Responsibililies 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 C0777])liance ivith 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 Prgject 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 Susan Schwinger, or her successor pursuant to written notification from the Director of the Water Department. 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 FONT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision Febmy2,2016 00 72 00-1 GENERAL CONDITIONS Pam:38 of G3 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 WORT]l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision Febr=y2,2016 00 72 00-1 GENERAL CONDITIONS I'aae 39 of63 10.02 Unowhorized 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 10.0 LA, (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 Nolificalion 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 WOR'I H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision Fehnmuv272016 0072 00-1 GENERAL CONDITIONS I'aQe 40 of 6; 10.06 C.'ontracl 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. F,ach 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: I. 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 Citys 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 FORTWORTH STANDARD CONSTRI ICTION SPLCIFICATION DOU MENTS Revision:February2,2016 00 72 00-1 GENERAL CONDITIONS Page 41 or63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E_ No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 1.01 Cost of the Fork 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 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security 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 ]-lours, 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 wORTI l STANDARDCONSTRUCTTON SPECIFICATION DOCUMr?NTS Revision-February 2,201 G 00 72 00-1 GENERAL CONDITIONS Pace 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- 1'. 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 DOCIIIv1GN I'S Revision:FebliwyZ2016 007200-1 GENERAL CONDITIONS Page 43 o1-63 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 Conti-actor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1 1.0I.A.I or specifically covered by Paragraph 1 1.01.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. Conlractor'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 I1.01.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-hid Allowances: - Contractor agrees that: CITY OF PORT WORTI I STANDARD CONSTRUCTION SPECIFICATION 1]OCUMENTS Revision:F-Lbm ry 2,2016 UG 72 00-I GENERAL CONDITIONS Pape 44 ot'63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. 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 perfonned 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. I_ 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 wORTI-I STANDARD CON STM ICrION SPECIFICATION DOCUMLYIN Revision:F'ebimy2,20If) 007200-1 GENERAL CONDITIONS Parc 45 oi'6; 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 I2. 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. S. 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 25% 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:Febwary 2.2016 007200-1 GENERAL CONDITIONS Paee 46 of 63 E. For callout work or non-site specific Conti-acts, the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of'Conlruct 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 1 l.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. Contractors 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, 11.01.1-1.2. 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 1 1.01.AA and 1 1.01.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 12.0l.C.2.a and 12-0 i.C.2.b is that the Subcontractor who actually performs the Work, at whatever CrIY OF FORT WORTIT STANDARD CONSTRUCTION SPF CIFICATION DOCIIMINTS Revision:Fcbnuary2,2016 007200-1 GENERAL CONDITIONS Page 47 o1'63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.I 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 11.0l.A.6, and 11.0I.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. CITY OF FORT WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCIJMENTS Revision:F&tay2,2016 007200-1 GENERAL CONDITIONS Page 48 of63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Nolice 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 Inspeclions A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections,tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. I. 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 STANDARDCONSTKUCTION SPECIFICATION T)OCUMFNTS Revision Fehnnry Z 20I 6 007200-1 GENERAL CONDITIONS Pane 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 SPECIFTCATION DOCUMENTS Revision-Febiuvy2,2016 007200-I GENERAL CONDITIONS Paiie SQ offi3 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 atter 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: I. 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 STANDARDCONSIRUCTiON SPECIFICATION DOCUMENTS Revision-Fehnny2,20I6 00 72 00-1 GENERAL CONDITIONS Page 51 of 03 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 ofDefeclive 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 clairns, 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 CONSTRUCTJONSPECrrICATION DOCUMENTS Revision-February 2.2016 CO7200-I 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 vf'Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment,each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUML NTS Revision:Febnuuy2,2016 00 72 00-1 GENERAL CONDITIONS Pape 53 of 63 B. Revieiv 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 executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH s,rANDARDCONSTRUCIION SPLCIFICATION DOCUMENTS Revision:Febrnaiy2,2416 007200-1 GENERAL CONDITIONS I'aae 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 deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty ty'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 TORT WORTI1 STANDARD CONSTRUCTION SPFCIFTCATION DOCI ML-NTS Revision:February 2,2016 007200-1 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 substantially completed part of the Work which has specifically been identified in the Conti-act 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 tirne 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: I. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. if City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3- Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORT!r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application fi)r Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents_ 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete. and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.0, 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision Februtwy2,2016 007200-1 GENERAL CONDITIONS Nage 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 Suspencl 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 STANDARDCONSTRUCTION SPECTPTCATION DOCUMENTS Revision-Fehnia y 2,2016 007200-1 GENERAL CONDITIONS Page 58 o1`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.- l. ause: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 420020-12-201 ]established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carryon 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 WORTIT STANDARD CONSTRUCTION SPECIFICATION D0CIJMFNTS Revision.Fcbnwry2,2016 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 WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision F&ivaiy2,20I6 007200-1 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 he 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 tennination, 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 perfonnance 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 duality, 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 FOR"1 WOR"r}I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehruaiy2,2016 007200-1 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 I0.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06_D shall become final and binding 30 days after termination of the mediation unless,within that time period, City or Contractor: CITY OF FORT WORTI I STANDARD CONSTRUCTTON SPI=CMICATION DOCITMEN"fs Revision February2,2016 007200-1 GENERAL CONDITIONS Pale 62 of 63 1. elects in writing to involve 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 anyway 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 STANDAR DCONSTRUCTION SPFCIFICATION DOCUMENTS Revision Februwy2,2016 007200-1 GENERAL CONDITIONS Page 63 of63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion. and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION i>OCUMFNTS Revision February2,2016 00 73 00- 1 SUPPLEMENTARY CONDI'I IONS Page I of 5 I SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 [Text in Blue is for information or guidance. Remove(it/blue text in 1lre final project document.] 6 7 Supplementary Conditions 8 9 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 10 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are I I modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 12 of the General Conditions which are not so modified or supplemented remain in full force and effect. 13 14 Defined Terms 15 16 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 17 meaning assigned to them in the General Conditions,unless specifically noted herein. 18 19 Modifications and Supplements 20 21 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 22 other Contract Documents. 23 24 SC-3.03B.2,"Resolving Discrepancies" 25 26 Plans govern over Specifications. 27 28 SC-4.01A 29 30 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 31 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 32 Contract Drawings. 33 34 SC-4.01A.1.,"Availability of Lands" 35 36 The following is a list of known outstanding right-of-way, and/or easements to be acquired,if any as of 37 October 2017: 38 39 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 40 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 41 and do not bind the City. 42 43 If Contractor considers the final easements provided to differ materially from the representations on the 44 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 45 notify City in writing associated with the differing easement line locations. 46 47 SC-4.01A.2,L°Availability of Lands" CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 43 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised January 22,2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 l 2 Utilities or obstructions to be removed,adjusted,and/or relocated 3 4 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 5 as of October 2017 6 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 7 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 8 and do not bind the City. 9 10 SC-4.02A.,"Subsurface and Physical Conditions" 11 12 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 13 14 A Pavement Report Report No. 1 dated November 9,2016 prepared by T ugro Consultants, Inc., a 15 consultant of the City,providing additional information on tests of pavement cores and soil samples. 16 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 19 None 20 21 SC-4.06A.,"Hazardous Environmental Conditions at Site" 22 23 The following are reports and drawings of existing hazardous environmental conditions known to the City: 24 None 25 26 SC-5.03A.,"Certificates of Insurance" 27 28 The entities listed below are"additional insureds as their interest may appear" including their respective 29 officers,directors,agents and employees. 30 31 (1) City 32 (2) Consultant: Hayden.Consultants 33 (3) Other: None 34 35 10htain approval for the limits shown for.5(,'5 04A thru 5.041)_from City before finalizing Contract 36 Documents] 37 SC-5.04A.,"Contractor's Insurance" 38 39 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 40 coverages for not less than the following amounts or greater where required by laws and regulations: 41 42 5.04A.Workers'Compensation,under Paragraph GC:-5.04A. 43 44 Statutory limits 45 Employer's liability 46 $100,000 each accident/occurrence 47 S100,000 Disease-each employee 48 $500,000 Disease-policy limit 49 CITY OF TORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised January 22,2016 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 SC-5.04$.,"Contractor's Insurance" 2 3 5.045.Commercial General Liability, tinder Paragraph GC-5.04B. Contractor's Liability Insurance 4 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 5 minimum limits of: 6 7 $1,000,000 each occurrence 8 $2,000,000 aggregate limit 9 10 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 1 1 General Aggregate Limits apply separately to each job site. 12 13 The Commercial General Liability Insurance policies shall provide"X", "C",and"U"coverage's. 14 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 15 16 SC 5.04C.,"Contractor's Insurance" 17 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 18 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 19 20 (1) Automobile Liability-a commercial business policy shall provide coverage on "Any Auto", 21 defined as autos owned,hired and non-owned. 22 23 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 24 least: 25 26 $250,000 Bodily Injury per person/ 27 $500,000 Bodily Injury per accident/ 28 $100,000 Property Damage 29 30 SC-5.04D.,"Contractor's Insurance" 31 32 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 33 material deliveries to cross railroad properties and tracks.None. 34 35 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 36 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 37 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 38 Entry Agreement"with the particular railroad company or companies involved, and to this end the 39 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 40 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 41 to the Contractor's use of private and/or construction access roads crossing said railroad company's 42 properties. 43 44 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 45 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 46 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 47 occupy,or touch railroad property: 48 49 (1) General Aggregate: $Confirm 1 inrits with Railroad 50 51 (2) Each Occurrence: $Confirm Limits with Railroad 52 53 ____Required for this Contract X Not required for this Contract 54 <Provide an "X"next to the appropriate.selection above based on the Contract requirements> 55 CITY OF FORT WORT[I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised.Ianoary 22,2016 007300-4 SUPPLEMENTARY CONDITIONS Page 4 u1'5 1 With respect to the above outlined insurance requirements,the following shall govern: 2 3 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 4 the name of the railroad company. Ilowever, if more than one grade separation or at-grade 5 crossing is affected by the Project at entirely separate locations on the line or lines of the same 6 railroad company,separate coverage may be required,each in the amount stated above. 7 8 2. Where more than one railroad company is operating on the same right-of-way or where several 9 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 10 may be required to provide separate insurance policies in the name of each railroad company. 11 12 3. If,in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 13 railroad company's right-of-way at a location entirely separate from the grade separation or at- 14 grade crossing,insurance coverage for this work must be included in the policy covering the grade 15 separation. 16 17 4, If no grade separation is involved but other work is proposed on a railroad company's right-of- 18 way, all such other work may be covered in a single policy for that railroad, even though the work 19 may be at two or more separate locations. 20 21 No work or activities on a railroad company's property to be performed by the Contractor shall be 22 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 23 for each railroad company named,as required above. All such insurance must be approved by the City and 24 each affected Railroad Company prior to the Contractor's beginning work, 25 26 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 27 has been completed and the grade crossing, if any,is no longer used by the Contractor. In addition, 28 insurance must be.carried during all maintenance and/or repair work performed in the railroad right-of-way. 29 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 30 railroad company operating over tracks involved in the Project. 31 32 SC-6.04.,"Project Schedule" 33 34 Project schedule shall be tier 3 for the project. 35 36 SC-6.07.,"Wage Rates" 37 38 The following is the prevailing wage rate tables)applicable to this project and is provided in the 39 Appendixes: 40 2013 Prevailing Wage Rates(Heavy and Highway Construction Projects) 41 42 SC-6.09-,"Permits and Utilities" 43 44 SC-6.09A.,"Contractor obtained permits and licenses" 45 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 46 None 47 48 SC-6.09B."City obtained permits and licenses" 49 The following are known permits and/or licenses required by the Contract to be acquired by the City:None 50 51 SC-6.09C."Outstanding permits and licenses" 52 53 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of September 54 2017: 55 CITY OF FORT WORTI I Sanitary SewcT Ruhabilitalion Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised January 22,2016 007300-5 SUPPLEMENTARY CONDITIONS Page 5 or 5 1 Outstanding Permits and/or licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 2 3 4 SC-7.02.,"Coordination" 5 6 The individuals or entities listed below have contracts with the City for the performance of other work at 7 the Site: Vendor Scope of Work Coordination Authority____ None 8 9 10 SC-8.01,"Communications to Contractor" Il 12 NIA 13 14 SC-9.01.,"City's Project Manager" 15 16 The City's Project Manager for this Contract is Susan Schwinger, or his/her successor pursuant to written 17 notification from the Director of the Water Department 18 19 SC-13.03C.,"Tests and Inspections" 20 21 None 22 23 SC-16.01C.1,"Methods and Procedures" 24 25 None 26 27 28 END OF SECTION Revision Log QA I I= NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01_, "City's Project Representative"wording changed to City's Project Manager. CITY OF FORT WORTH Sanilary Sewer Rehabilitation Contract 93 SI ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised January 22,2016 01 1100- 1 SUMMARY OF WORK Page I of 3 1 SECTION 01 1100 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0-Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item_ 16 1.3 REFERENCES [NOT USED) 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and. 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item Fist,then the item shall 27 be considered as a subsidiary item of Work,the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys,or other public places 34 or other rights-of-way as provided for in the ordinances of the City,as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 01 11 00-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D- Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,plants, 18 lawns, fences,culverts,curbing,and all other types of structures or improvements, 19 to all water,sewer, and gas lines,to all conduits, overhead pole lines,or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company,individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or inj ury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material,or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or abetter than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 e. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 1 I END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF PORT WORTH Sanilary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 01 25 00-1 SUBSTITUTION PROCEDURES Pagc I o1`4 I SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 I. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names,or catalog numbers, provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike,discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, C ITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1..2011 01 2500-2 SLJ13STITUTION PROCEDURES Page 2 o['4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1- Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including- 9 a- Documentation 10 1) Complete data substantiating compliance of proposed substitution with 1 1 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 . proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including,but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available Feld data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1- Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTI I Sanitary SeVTT Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Protect No. 200420 Revised July 1,2011 012500-3 SLJ13STCrtFHON PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution- 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion,acceptance will require substantial revision of the original 6 design - 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3- EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE, NAME SUMMARY Of CHANGE 31 CITY OF FORTWORTH Sanitary Server Rehabilitation Contract 93 STANDARD CONS17RUCTION SPECIFICATION DOCUMENTS City Project No.100420 Revised July I,201 1 0125)00-4 SUBST I FU1 ION PROCI-DUKES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 1 I Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item.? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature Recommended Recommended 38 as noted 39 40 Firm Not recommended Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CI IT OF FOR"F WO RTI I Sanikary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project No. 100420 Revised July 1,2011 01 31 19- 1 PRECONSTRUCTION MEETING Paee I of 3 I SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 1 1 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor,subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded_ 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2_ The Project Representative will preside at the meeting,prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a_ Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT'WORTH Sanitary Sewer Rehabilitation Contract 93 S"1 ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised Augu51 17;2012 01 31 19-2 PRECONSTRUCTION MUTING Page 2 ol'3 I e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way, utility clearances, easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k- Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 in Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 cc. Record Drawings 41 ff Temporary construction facilities 42 gg- M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 jj. Questions or Comments CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised August 17.2012 01 31 19-3 YRECONSTRUCI ION Iv1EETING Pale 3 of 3 I 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] S 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] x 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CIY OF FORT WORT H Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised AuguS1 17.2012 01 31 20- 1 PROJECT MEETINGS Page 1 43 I SECTION 01 31 20 2 PROJECT MEETINGS 3 [Specifier: This Specification is intended for use on projects de.sigrnoted as Tier 3 or Tier 4.] 4 PART1 - GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Provisions for project meetings throughout the construction period to enable orderly 8 review of the progress of the Work and to provide for systematic discussion of 9 potential problems 10 B. Deviations this City of Fort Worth Standard Specification I 1 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division I General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Coordination 22 1. Schedule, attend and administer as specified, periodic progress meetings, and 23 specially called meetings throughout progress of the Work. 24 2. Representatives of Contractor, subcontractors and suppliers attending meetings 25 shall be qualified and authorized to act on behalf of the entity each represents. 26 3. Meetings administered by City may be tape recorded. 27 a. If recorded,tapes will be used to prepare minutes and retained by City for 28 future reference. 29 4. Meetings, in addition to those specified in this Section, may be held when requested 30 by the City, Engineer or Contractor. 31 B. Pre-Construction Neighborhood Meeting 32 1. After the execution of the Agreement, but before construction is allowed to begin, 33 attend I Public Meeting with affected residents to: 34 a. Present projected schedule, including construction start date 35 b. Answer any construction related questions 36 2_ Meeting Location 37 a. Location of meeting to be determined by the City. 38 3. Attendees CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1.201 1 01 31 20-2 PROJEC I MEH INGS Page 2 of 3 1 a. Contractor 2 b. Project Representative 3 c. Other City representatives 4 4. Meeting Schedule 5 a. In general, the neighborhood meeting will occur within the 2 weeks following 6 the pre-construction conference. 7 b. In no case will construction be allowed to begin until this meeting is held. 8 C. Progress Meetings 9 1. Formal project coordination meetings will be held periodically. Meetings will be 10 scheduled and administered by Project Representative. 11 2. Additional progress meetings to discuss specific topics will be conducted on an as- 12 needed basis. Such additional meetings shall include, but not be limited to: 13 a. Coordinating shutdowns 14 b. Installation of piping and equipment 15 c. Coordination between other construction projects 16 d. Resolution of construction issues 17 e. Equipment approval 18 3. The Project Representative will preside at progress meetings, prepare the notes of 19 the meeting and distribute copies of the same to all participants who so request by 20 fully completing the attendance form to be circulated at the beginning of each 21 meeting. 22 4. Attendance shall include: 23 a. Contractor's project manager 24 b. Contractor's superintendent 25 C. Any subcontractor or supplier representatives whom the Contractor may desire 26 to invite or the City may request 27 d. Engineer's representatives 28 e_ City's representatives 29 f. Others, as requested by the Project Representative 30 5. Preliminary Agenda may include: 31 a. Review of Work progress since previous meeting 32 b. field observations,problems, conflicts 33 c. Items which impede construction schedule 34 d. Review of off-site fabrication, delivery schedules 35 e. Review of construction interfacing and sequencing requirements with other 36 construction contracts 37 f Corrective measures and procedures to regain projected schedule 38 g. Revisions to construction schedule 39 h. Progress, schedule, during succeeding Work period 40 i. Coordination of schedules 41 j. Review submittal schedules 42 k. Maintenance of quality standards 43 1. Pending changes and substitutions 44 in. Review proposed changes for: 45 1) Effect on construction schedule and on completion date 46 2} Effect on other contracts of the Project 47 n. Review Record Documents 48 o. Review monthly pay request CITY OF FORT WORTFI Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projccl No. 100420 Revised July 1,2011 01 31 20-3 PRO.IFCT 1NELIINGS Page 3 of 3 1 p. Review status of Requests for Information 2 6. Meeting Schedule 3 a. Progress meetings will be held periodically as determined by the Project 4 Representative. 5 1) Additional meetings may be held at the request of the: 6 a) City 7 b) Engineer 8 c) Contractor 9 7. Meeting Location 10 a. The City will establish a meeting location. 11 1) To the extent practicable, meetings will be held at the Site. 12 1.5 SUBMITTALS [NOT USED] 13 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 18 1.11 FIELD ISITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS [NOT USED] 21 PART 3 - EXECUTION [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 24 CH Y OF FOR'I WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONS]RUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1.201 1 01 32 16- 1 CONSTRUCTION PROGRESS SCI IEDU ULF Page I oh 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1- None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3-Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4- Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5- Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule-Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule- Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTII Sanitary Sever RchabiIEtation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 10420 Revised July 1.2011 01 32 16-2 CONSTRUCTION PROGRESS SC:HF-DULE Pane 2 or S l 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINMSTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler)responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City,make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment,or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades), equipment and work schedule(overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. CITY OF FORT WOR']H Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Frolect No. 10420 Revised July 1,2011 01321b-3 CONSTRUCTION PROGRESS SCHL-DI1LE Page 3 of 5 I a. No additional cost for such work will be considered. 2 D. The Contract completion time will be adjusted only for causes specified in this 3 Contract. 4 a. Requests for an extension of any Contract completion date ]mist be 5 Supplemented with the following: 6 1) Furnish justification and supporting evidence as the City may deem 7 necessary to determine whether the requested extension of time is entitled 8 under the provisions of this Contract. 9 a) The City will,after receipt of such justification and supporting 10 evidence, make findings of fact and will advise the Contractor, in 1 I writing thereof. 12 2) If the City finds that the requested extension of time is entitled,the City's 13 determination as to the total number of days allowed for the extensions 14 shall be based upon the approved total baseline schedule and on all data 15 relevant to the extension. 16 a) Such data shall be included in the next updating of the Progress 17 schedule. 18 b) Actual delays in activities which, according to the Baseline schedule, 19 do not affect any Contract completion date shown by the critical path in 20 - the network will not be the basis for a change therein. 21 2. Submit each request for change in Contract completion date to the City within 30 22 days after the beginning of the delay for which a time extension is requested but 23 before the date of final payment under this Contract. 24 a. No time extension will be granted for requests which are not submitted within 25 the foregoing time limit. 26 b_ From time to time, it may be necessary for the Contract schedule or completion 27 time to be adjusted by the City to reflect the effects of job conditions, weather, 28 technical difficulties, strikes,unavoidable delays on the part of the City or its 29 representatives,and other unforeseeable conditions which may indicate 30 schedule adjustments or completion time extensions. 31 1) Under such conditions,the City will direct the Contractor to reschedule the 32 work or Contract completion time to reflect the changed conditions and the 33 Contractor shall revise his schedule accordingly. 34 a) No additional compensation will be made to the Contractor for such 35 schedule changes except for unavoidable overall contract time 36 extensions beyond the actual completion of unaffected work, in which 37 case the Contractor shall take all possible action to minimize any time 38 extension and any additional cost to the City. 39 b) Available float time in the Baseline schedule may be used by the City 40 as well as by the Contractor. 41 3. Float or slack time is defined as the amount of time between the earliest start date 42 and the latest start date or between the earliest finish date and the latest finish date 43 of a chain of activities on the Baseline Schedule. 44 a. Float or slack time is not for the exclusive use or benefit of either the 45 Contractor or the City. 46 b. Proceed with work according to early start dates, and the City shall have the 47 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTTRCIC ION SPECIFICATION DOCUMENTS City Proiect No_ 10420 Revised July I;2011 01 32 16-4 CONSTRUCTION PROGRf SS SCI IFDU1.R Paac 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed tinder this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts,the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 1 1 in his schedule when indicated by changes in corresponding schedules. 12 2. in case of interference between the operations of different contractors,the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not he 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera(P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH Sanitary Sewtr Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Protect No. 10420 RevisedJuly 1,201 1 013216-5 CONSTRUCTION PROGRLSS SCHEDULE PaEe 5 of 5 I 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS fNOT USED] 2 1.7 CLOSEOUT SUBMITTALS fNOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 C]'I Y OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 10420 Reviscd aoly I,2011 01 32 33- 1 PRECONSTRUC MON VIDEO Page I of 2 I SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None_ 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1, Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 I. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a Preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2_ Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS ]NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTII Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July L 2011 01 32 33-2 PRECONSTRUCTION VIDEO Pan 2 nl 2 I YAIZT 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DAME NAME SUMMARY OF CHANGE 4 CITY OF FORT WORM I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised 3uly 1,2011 01 33 00- 1 SUBMITTALS Page 1 orb I SECTION 0133 00 2 SUBMITTALS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A_ Section Includes- 6 ]. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data(including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B_ Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES INOT USED] 22 1.4 ADMINISTRA'T'IVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing,at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities CI7Y OF FORT WOR'hH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20.2012 013300-2 SUBMITTALS Page 2 of 8 1 c. No extension of time will be authorized because of the Contractor's failure to 2 transmit submittals sufficiently in advance of the Work. 3 d. Make submittals promptly in accordance with approved schedule, and in such 4 sequence as to cause no delay in the Work or in the work of any other 5 contractor. 6 B. Submittal Numbering 7 1- When submitting shop drawings or samples, utilize a 9-character submittal cross- 8 reference identification numbering system in the following manner: 9 a. Use the first 6 digits of the applicable Specification Section Number. 10 b. For the next 2 digits number use numbers 01-99 to sequentially number each I 1 initial separate item or drawing submitted under each specific Section number. 12 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e- 13 A=2nd submission, B=3rd submission,C=4th submission,etc.). A typical 14 submittal number would be as follows: 15 16 03 30 00-08-B 17 18 1) 03 30 00 is the Specification Section for Concrete 19 2) 08 is the eighth initial submittal under this Specification Section 20 3) B is the third submission(second resubmission)of that particular shop 21 drawing 22 C. Contractor Certification 23 1- Review shop drawings, product data and samples, including those by 24 subcontractors,prior to submission to determine and verify the following: 25 a. Field measurements 26 b. Field construction criteria 27 c. Catalog numbers and similar data 28 d. Conformance with the Contract Documents 29 2. Provide each shop drawing, sample and product data submitted by the Contractor 30 with a Certification Statement affixed including: 31 a. The Contractor's Company name 32 b. Signature of submittal reviewer 33 c. Certification Statement 34 1) "By this submittal,I hereby represent that I have determined and verified 35 field measurements, field construction criteria, materials, dimensions, 36 catalog numbers and similar data and I have checked and coordinated each 37 item with other applicable approved shop drawings." 38 D. Submittal Format 39 1. Fold shop drawings larger than 8 % inches x I 1 inches to 8 t/2 inches x 11 inches. 40 2. Bind shop drawings and product data sheets together. 41 3. Order 42 a. Cover Sheet 43 1) Description of Packet 44 2) Contractor Certification 45 b. List of items/Table of Contents 46 c. Product Data/Shop Drawings/Samples/Calculations CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 S'I ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C=ity Project No. 100420 Revised December 20.2012 01 3300-3 SUBMI I IALS Pace 3 of 8 I E. Submittal Content 2 1. The date of submission and the dates of any previous submissions 3 2. The Project title and number 4 3. Contractor identification 5 4. The names of - 6 a. Contractor 7 b. Supplier 8 c. Manufacturer 9 5. Identification of the product, with the Specification Section number, page and 10 paragraph(s) 11 6. Field dimensions, clearly identified as such 12 7. Relation to adjacent or critical features of the Work or materials 13 8. Applicable standards,such as ASTM or Federal Specification numbers 14 9. Identification by highlighting of deviations from Contract Documents 15 10. Identification by highlighting of revisions on resubmittals 16 11. An 8-inch x 3-inch blank space for Contractor and City stamps 17 F. Shop Drawings 18 1. As specified in individual Work Sections includes,but is not necessarily limited to: 19 a. Custom-prepared data Such as fabrication and erection/installation (working) 20 drawings 21 b_ Scheduled information 22 C. Setting diagrams 23 d. Actual shopwork manufacturing instructions 24 e. Custom templates 25 f. Special wiring diagrams 26 g. Coordination drawings 27 h. Individual system or equipment inspection and test reports including: 28 1) Performance curves and certifications 29 i. As applicable to the Work 30 2. Details 31 a. Relation of the various parts to the main members and lines of the structure 32 b. Where correct fabrication of the Work depends upon field measurements 33 1) Provide Such measurements and note on the drawings prior to submitting 34 for approval. 35 G. Product Data 36 1. For submittals of product data for products included on the City's Standard Product 37 List, clearly identify each item selected for use on the Project. 38 2. For submittals of product data for products not included on the City's Standard 39 Product List, Submittal data may include, but is not necessarily limited to: 40 a. Standard prepared data for manufactured products(sometimes referred to as 41 catalog data) 42 1) Such as the manufacturer's product specification and installation 43 instructions 44 2) Availability of colors and patterns 45 3) Manufacturer's printed statements of compliances and applicability CH OF FORT WOK lH Sanitary Sewer Rehabilitation Contract 93 S1 ANDARD CONS1RUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised December 20,2012 01 33 01)-4 SUBMI I ALS Page 4 of 9 1 4) Roughing-in diagrams and templates 2 5) Catalog cuts 3 6) Product photographs 4 7) Standard wiring diagrams 5 8) Printed performance curves and operational-range diagrams 6 9) Production or quality control inspection and test reports and certifications 7 10) Mill reports 8 1 1) Product operating and maintenance instructions and recommended 9 spare-parts listing and printed product warranties 10 12) As applicable to the Work 11 H. Samples 12 1. As specified in individual Sections, include, but are not necessarily limited to. 13 a. Physical examples of the Work such as: 14 1) Sections of manufactured or fabricated Work 15 2) Sinai] cuts or containers of materials 16 3) Complete units of repetitively used products color/texture/pattern swatches 17 and range sets 18 4) Specimens for coordination of visual effect t 9 5) Graphic symbols and units of Work to be used by the City for independent 20 inspection and testing,as applicable to the Work 21 1. Do not start Work requiring a shop drawing,sample or product data nor any material to 22 be fabricated or installed prior to the approval or qualified approval of such item. 23 1. Fabrication performed,materials purchased or on-site construction accomplished 24 which does not conform to approved shop drawings and data is at the Contractor's 25 risk. 26 2_ The City will not be liable for any expense or delay due to corrections or remedies 27 required to accomplish conformity. 28 3_ Complete project Work, materials, fabrication, and installations in conformance 29 with approved shop drawings, applicable samples,and product data. 30 J. Submittal Distribution 31 1. Electronic Distribution 32 a. Confirm development of Project directory for electronic submittals to be 33 uploaded to City's Buzzsaw site, or another external FTP site approved by the 34 City. 35 b. Shap Drawings 36 1) Upload submittal to designated project directory and notify appropriate 37 City representatives via email of submittal posting. 38 2) Hard Copies 39 a) 3 copies for all submittals 40 b) If Contractor requires more than 1 hard copy of Shop Drawings 41 returned,Contractor shall submit more than the number of copies I fisted 42 above. 43 c. Product Data 44 1) Upload submittal to designated project directory and notify appropriate 45 - City representatives via email of submittal posting. 46 2) Hard Copies 47 a) 3 copies for all submittals CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised December 20.2012 013300-5 SUBMITTALS Page S of 8 1 d. Samples 2 1) Distributed to the Project Representative 3 2. Hard Copy Distribution(if required in lieu of electronic distribution) 4 a. Shop Drawings 5 1) Distributed to the City 6 2) Copies 7 a) 8 copies for mechanical submittals 8 b) 7 copies for all other submittals 9 c) If Contractor requires more than 3 copies of Shop Drawings returned, 10 Contractor shall submit more than the number of copies listed above. 1 I b. Product Data 12 1) Distributed to the City 13 2) Copies 14 a) 4 copies 15 c. Samples 16 1) Distributed to the Project Representative 17 2) Copies 18 a) Submit the number stated in the respective Specification Sections. 19 3. Distribute reproductions of approved shop drawings and copies of approved 20 product data and samples, where required,to the job site file and elsewhere as 21 directed by the City. 22 a. Provide number of copies as directed by the City but not exceeding the number 23 previously specified. 24 K. Submittal Review 25 1. The review of shop drawings, data and samples will be for general conformance 26 with the design concept and Contract Documents. This is not to be construed as: 27 a. Permitting any departure from the Contract requirements 28 b. Relieving the Contractor of responsibility for any errors, including details, 29 dimensions,and materials 30 c. Approving departures from details furnished by the City, except as otherwise 31 provided herein 32 2. The review and approval of shop drawings,samples or product data by the City 33 does not relieve the Contractor from his/her responsibility with regard to the 34 fulfillment of the terms of the Contract. 35 a. All risks of error and omission are assumed by the Contractor, and the City will 36 have no responsibility therefore. 37 3. The Contractor remains responsible for details and accuracy, for coordinating the 38 Work with all other associated work and trades, for selecting fabrication processes, 39 for techniques of assembly and for performing Work in a safe manner. 40 4. If the shop drawings, data or samples as submitted describe variations and show a 41 departure from the Contract requirements which City finds to be in the interest of 42 the City and to be so minor as not to involve a change in Contract Price or time for 43 performance,the City may return the reviewed drawings without noting an 44 exception. 45 5. Submittals will be returned to the Contractor under I of the following codes: 46 a. Code I CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prgiect No. 100420 Revised December 20,2012 01 3300-b SUBMITTALS Page 6 ol'8 l 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 2 comments on the submittal. 3 a) When returned under this code the Contractor may release the 4 equipment and/or material for manufacture. 5 b. Code 2 6 1) "EXCEPTIONS NO'T'ED". This code is assigned when a confirmation of 7 the notations and comments IS NOT required by the Contractor. 8 a) The Contractor may release the equipment or material for manufacture; 9 however, all notations and comments must be incorporated into the 10 final product_ 11 c. Code 3 12 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 13 assigned when notations and comments are extensive enough to require a 14 resubmittal of the package. 15 a) The Contractor may release the equipment or material for manufacture; 16 however,all notations and comments must be incorporated into the 17 final product_ 18 b) This resubmittal is to address all comments, omissions and 19 non-conforming items that were noted. 20 c) Resubmittal is to be received by the City within 15 Calendar Days of 21 the date of the City's transmittal requiring the resubmittal. 22 d. Code 4 23 1) "NOT APPROVED" is assigned when the submittal does not meet the 24 intent of the Contract Documents. 25 a) The Contractor must resubmit the entire package revised to bring the 26 submittal into conformance. 27 b) It may be necessary to resubmit using a different manufacturer/vendor 28 to meet the Contract Documents. 29 6_ Resubmittals 30 a. Handled in the same manner as first submittals 31 1) Corrections other than requested by the City 32 2) Marked with revision triangle or other similar method 33 a) At Contractor's risk if not marked 34 b_ Submittals for each item will be reviewed no more than twice at the City's 35 expense. 36 1) All subsequent reviews will be performed at times convenient to the City 37 and at the Contractor's expense,based on the City's or City 38 Representative's then prevailing rates. 39 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 40 all such fees invoiced by the City. 41 c. The need for more than I resubmission or any other delay in obtaining City's 42 review of-submittals, will not entitle the Contractor to an extension of Contract 43 Titoe. 44 7_ Partial Submittals 45 a. City reserves the right to not review submittals deemed partial, at the City's 46 discretion. 47 b. Submittals deemed by the City to be not complete will be returned to the 48 Contractor, and will be considered"Not Approved" until resubmitted. CITY OF FORT WORT]l Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPFCIFI('ATl0N DOCUNIFNTS City Project No, 100420 Revised December 20,2012 013300-7 SUBMIT 1'ALS Page 7 of 8 c. The City may at its option provide a list or mark the submittal directing the 2 Contractor to the areas that are incomplete. 3 8. If the Contractor considers any correction indicated on the shop drawings to 4 constitute a change to the Contract Documents,then written notice must be 5 provided thereof to the City at least 7 Calendar Days prior to release for 6 manufacture. 7 9. When the shop drawings have been completed to the satisfaction of the City,the 8 Contractor may carry out the construction in accordance therewith and no further 9 changes therein except upon written instructions from the City. 10 10. Each submittal, appropriately coded,will be returned within 30 Calendar Days 11 following receipt of submittal by the City. 12 L. Mock ups 13 1. Mock Up units as specified in individual Sections, include, but are not necessarily 14 limited to,complete units of the standard of acceptance for that type of Work to be 15 used on the Project. Remove at the completion of the Work or when directed. 16 M. Qualifications 17 1. If specifically required in other Sections of these Specifications,submit a P.E. 18 Certification for each item required. 19 N. Request for Information(RFI) 20 1. Contractor Request for additional information 21 a. Clarification or interpretation ofthe contract documents 22 b. When the Contractor believes there is a conflict between Contract Documents 23 c. When the Contractor believes there is a conflict between the Drawings and 24 Specifications 25 1) Identify the conflict and request clarification 26 2. Use the Request for Information (RIFI) form provided by the City. 27 3. Numbering of RFI 28 a_ Prefix with "RFI"followed by series number, "-xxx",beginning with"01"and 29 increasing sequentially with each additional transmittal. 30 4. Sufficient information shall be attached to permit a written response without further 31 information. 32 5. The City will log each request and will review the request. 33 a. If review of the project information request indicates that a change to the 34 Contract Documents is required,the City will issue a Field Order or Change 35 Order, as appropriate. 36 1.5 SUBMITTALS SNOT USED] 37 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 38 1.7 CLOSEOUT SUBMITTALS [NOT USED] 39 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 40 1.9 QUALITY ASSURANCE [NOT USED] 41 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Protect No 100420 Revised December 20.2012 01 3300-8 SUBMITTALS Pace 8 ol'8 1 1.11 FIELD (SITE] CONDITIONS ]NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS (NOT USED] 4 PART 3- EXECUTION (NOT USED] 5 END OF SECTION b Revision Log DA"1'E NAME SUMMARY OF CHANGE 12/20/2012 D..lohnson 1.4.K.8.Working Days modified to Calendar Days 7 CITY OF FORT WORTII Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPI?CIFICATION DOCUMENTS City Project No 100420 Revised Dccember 20,2012 013513- 1 SPECIAL PROJECT PROCEDURLS Page I of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 ITexl in Blue is for inforination or guidance. Remove all blue text in the final project document.] 4 PART 1 - GENERAL. 5 1.1 SUMMARY 6 A. Section Includes: 7 I. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program 11 d_ Air Pollution Watch Days 12 e. Use of Explosives, Drop Weight, Etc. 13 f. Water Department Notification 14 g. Public Notification Prior to Beginning Construction 15 h. Coordination with United States Army Corps of Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 1. (Coordination with North Central Texas Council of Governments Clean 20 Construction Specification[remove ifnot required]) 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1 —General Requirements 26 3. Section 33 12 25—Connection to Existing Water Mains 27 1.2 PRICE AND PAYMENT PROCEDURES 28 A. Measurement and Payment 29 1. Coordination within Railroad permit areas 30 a. Measurement 31 1) Measurement for this Item will be by lump sum. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 will be paid for at the lump sum price bid for Railroad Coordination. 35 c. The price bid shall include: 36 1) Mobilization 37 2) Inspection 38 3) Safety training 39 4) Additional Insurance 40 5) Insurance Certificates CITY OF FORT WORT[I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised December 20,2012 01 35 13-2 SPECIAL PROJECT PROCEDURES Page 2 o1`N 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. Health and Safety Code,'Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 27 Specification 28 1:.4 ADMINISTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department of Transportation 30 1. When work in the right-of-way which is under the jurisdiction of the Texas 31 Department of Transportation (TxDOT): 32 a. Notify the Texas Department of Transportation prior to commencing any work 33 therein in accordance with the provisions of the permit 34 b. All work perfonned in the TxDOT right-of-way shall be performed in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 1. Regulatory Requirements 39 a_ All Work near High Voltage Lines(more than 600 volts measured between 40 conductors or between a conductor and the ground)shall be in accordance with 41 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 42 2. Warning sign 43 a_ Provide sign of sufficient size meeting all OSHA requirements. 44 3. Equipment operating within 10 feet of high voltage lines will require the following 45 safety features C17Y OF FOR 1 WORM Sanitary Sewer Rehabilitation Contract 93 S"1 ANDARD CONSTRUCTION SPECIFICATION DOCUMFiNTS City Project No 100420 Revised December 20,2012 01 35 13-3 SPECIAL PROJECT PROCEDURES Page 3 0'8 I a. Insulating cage-type of guard about the boors or arm 2 b. Insulator links on the lift hook connections for back hoes or dippers 3 c. Equipment must meet the safety requirements as set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet of high voltage electric lines 6 a. Notification shall be given to- 7 1) The powercornpany (example: ONCOR) 8 a) Maintain an accurate log of all such calls to power company and record 9 action taken in each case. 10 b. Coordination with power company l 1) After notification coordinate with the power company to: 12 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 13 lower the lines 14 c. No personnel may work within 6 feet of a high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 I. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 b_ All other confined spaces in accordance with OSHA's Permit Required for 22 Confined Spaces 23 D. Air-Pollution Watch Days 24 1. General 25 a. Observe the following guidelines relating to working on City construction sites 26 on days designated as"AIR POLLUTION WATCH DAYS". 27 b. Typical Ozone Season 28 1) May 1 through October 31. 29 c. Critical Emission Time 30 1) 6:00 a.m.to 10:00 a.m. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality(TCEQ), in coordination 33 with the National Weather Service,will issue the Air Pollution Watch by 3:00 34 p.m. on the afternoon prior to the WATCH day. 35 b. Requirements 36 1) Begin work after 10:00 a.m. whenever construction phasing requires the 37 use of motorized equipment for periods in excess of 1 hour. 38 2) However, the Contractor may begin work prior to 10:00 a.m. if: 39 a) Use of motorized equipment is less than I hour, or 40 b) If equipment is new and certified by EPA as"Low Emitting", or 41 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 42 alternative fuels Such as CNG. 43 E. TCEQ Air Permit 44 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives, Drop Weight, Etc. 46 1. When Contract Documents permit on the project the following will apply: CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prgied Nn, 100420 Revrsed December 20,2012 01 35 13-4 SPECIAL PROJECT PROCEDURES Page 4 orb 1 a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage,24 hours 3 prior to commencing. 4 2) Minimum 24 hour public notification in accordance with Section 01 31 13 5 G. Water Department Coordination 6 1_ During the construction Df this project, it will be necessary to deactivate, for a 7 period of time, existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 10 2. Coordinate any event that will require connecting to or the operation of an existing 11 City water line system with the City's representative. 12 a. Coordination shall be in accordance with Section 33 12 25. 13 b. If needed,obtain a hydrant water meter from the Water Department for use 14 during the life of named project. 15 c. In the event that a water valve on an existing live system be turned off and on 16 to accommodate the construction of the project is required,coordinate this 17 activity through the appropriate City representative. 18 1) Do not operate water line valves of existing water system. 19 a) failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7, Chapter 28.03 (Criminal Mischief)and the Contractor 21 wiI I be prosecuted to the full extent of the law. 22 b) In addition, the Contractor will assume all liabilities and 23 responsibilities as a result of these actions. 24 1-1. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the project, on a block by block 26 basis, prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction.The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the project area. 31 1) Prepare flyer on the Contractor's letterhead and include the following 32 information: 33 a) Name of Project 34 b) City Project No(CPN) 35 c) Scope of Project(i.e. type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor's foreman and phone number 38 1) Name of the City's inspector and phone number 39 g) City's after-hours phone number 40 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b_ No construction will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 1. Public Notification of Temporary Water Service Interruption during Construction CITY OF PORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMI'N"I'S City Project No 100420 Revised December 20,2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 I 1. In the event it becomes necessary to temporarily shut down water service to 2 residents or businesses during construction,prepare and deliver a notice or flyer of 3 the pending interruption to the front door of each affected resident. 4 2. Prepared notice as follows: 5 a. The noti fication or flyer shall be posted 24 hours prior to the temporary 6 interruption. 7 b. Prepare flyer on the contractor's letterhead and include the following 8 information: 9 1) Name of the project 10 2) City Project Number 11 3) Date of the interruption of service 12 4) Period the interruption will take place 13 5) Name of the contractor's foreman and phone number 14 6) Name of the City's inspector and phone number 15 c. A sample of the temporary water service interruption notification is attached as 16 Exhi bit B. 17 d. Deliver a copy of the temporary interruption notification to the City inspector 18 for review prior to being distributed. 19 e. No interruption of water service can occur until the flyer has been delivered to 20 all affected residents and businesses. 21 f Electronic versions of the sample flyers can be obtained from the Project 22 Construction Inspector. 23 J. Coordination with United States Army Corps of Engineers(USAGE) 24 1. At locations in the Project where construction activities occur in areas where 25 USACE permits are required, meet all requirements set forth in each designated 26 permit. 27 K. Coordination within Railroad Permit Areas 28 1. At locations in the project where construction activities occur in areas where 29 railroad permits are required, meet all requirements set forth in each designated 30 railroad pert-nit- This includes, but is not limited to,provisions for: 31 a- Flagmen 32 b. Inspectors 33 c. Safety training 34 d. Additional insurance 35 e. Insurance certificates 36 f Other employees required to protect the right-of-way and property of the 37 Railroad Company From damage arising out of and/or from the construction of 38 the project. Proper utility clearance procedures shall be used in accordance 39 with the pert-nit guidelines. 40 2. Obtain any supplemental information needed to comply with the railroad's 41 requirements. 42 3. Railroad Flagmen 43 a. Submit receipts to City for verification of working days that railroad flagmen 44 were present on Site. 45 L. Dust Control 46 1. Use acceptable measures to control dust at the Site. 47 a. If water is used to control dust, capture and properly dispose of waste water. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Reviscd December 20,2012 01 35 13-6 SPECIAL PROJECI"PROCL URFS Page 6 of S 1 b. if wet saw cutting is performed, capture and properly dispose of slurry. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 N. {Coordination with North Central Texas Council of Governments(NCTCOG)Clean 5 Construction Specification [if required for the project—verify with City] 6 1. Comply with equipment, operational, reporting and enforcement requirements set 7 forth in NCl"COG'S Clean Construction Specification.) 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS f NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3- EXECUTION [NOT USED] 18 END OF SECTION 19 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.13—Added requirement of'compliance with Health and Safety Code,Title 9. 8131/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E Added Contractor responsibility for obtaining a TCEQ Air Permit 20 CH Y OP FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100424 Rmsed December 20.2012 01 35 13-7 SPECIAL PRO.IECf PROCEDURES Page 7 of 8 3 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT< TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH Sanitary Sevver Rehabilitation Contract 93 S"IANDARD CONSTRUCTION SPECIFICA'nON DOCUMENTS City Project No. 100420 Revised December 20,2012 01 35 13-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 ] EXHIBIT B 2 FORT WORTH Pau: DOE[!O.XXXX Prolnct man"r NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT--OUT,PLEASE:CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 4 C11 Y OF FOR f WOR'T'H Sanitary SCIHBr Rehabilitation Contract 93 S]ANDARD CONSTRUCI]ON SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20,2012 01 45 23- 1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Farms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. 'Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's I3uzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORT[I Sanitary Server Rehabilitation Contract 93 STANDARD CONSTRUCTION SPF-;CIFICATION DOCUMENTS City Project No. 100420 Revised July 1.2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 ort 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) i copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of I 1 Concrete or Lime material including the following information: 12 a. Name of-pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USEDI 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE INOT USED] 23 1.10 DELIVERY, STORAGE,AND IIANDLING INOT USED] 24 1.11 FIELD [SITE] CONDITIONS INOT USED] 25 1.12 WARRANTY INOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SLIMMARY OF CHANGE. 30 CITY OF FOR"] WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION TION DOCUMENTS City Project No. 100420 Revised hly I,2011 01 50 00- 1 TEMPORARY FACILITIES AND CONTROLS Page I of 4 1 SECTION 01 50 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings I I d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division I —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion,testing and initial operation of Work. 33 2. Water 34 a_ Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination CH Y OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July I.2011 015000-2 'I EMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 1) Contact City 1 week before water for construction is desired 2 d. Contractor Payment fol-Construction Water 3 l) Obtain construction water meter from City for payment as billed by City's 4 established rates. 5 3. Electricity and Lighting 6 a. Provide and pay for electric powered service as required for Work, including 7 testing of Work. 8 1) Provide power for lighting, operation of equipment, or other Use- 9 b. Electric power set-vice includes temporary power service or generator to 10 maintain operations during scheduled shutdown. 11 4. Telephone 12 a. Provide emergency telephone service at Site for use by Contractor personnel 13 and others performing work or furnishing services at Site. 14 5. Temporary Heat and Ventilation 15 a. Provide temporary heat as necessary for protection or completion of Work. 16 b. Provide temporary heat and ventilation to assure safe working conditions. 17 B. Sanitary Facilities 18 1. Provide and maintain sanitary facilities for persons on Site. 19 a. Comply with regulations of State and local departments of health. 20 2. Enforce use of sanitary facilities by construction personnel at job site. 21 a. Enclose and anchor sanitary facilities. 22 b. No discharge will be allowed from these facilities. 23 c. Collect and store sewage and waste so as not to cause nuisance or health 24 problem. 25 d. Haul sewage and waste off-site at no less than weekly intervals and properly 26 dispose in accordance with applicable regulation. 27 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 28 4. Remove facilities at completion of Project 29 C. Storage Sheds and Buildings 30 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 31 above ground level for materials and equipment susceptible to weather damage. 32 2. Storage of materials not susceptible to weather damage may be on blocks off 33 ground. 34 3. Store materials in a neat and orderly manner. 35 a. Place materials and equipment to permit easy access for identification, 36 inspection and inventory. 37 4. Equip building with lockable doors and lighting, and provide electrical service for 38 equipment space heaters and heating or ventilation as necessary to provide storage 39 environments acceptable to specified manufacturers. 40 5. Fill and grade site for temporary structures to provide drainage away from 41 temporary and existing buildings. 42 6. Remove building from site prior to Final Acceptance. 43 D. Temporary Fencing 44 1. Provide and maintain for the duration or construction when required in contract 45 documents CITY OF FOR'] WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONS"I RUCrION SPECIFICATION DOCUMENTS City Prnicct No. 100420 Revised July 1.2011 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of4 I E. Dust Control 2 L Contractor is responsible for maintaining dust control through the duration of the 3 project. 4 a. Contractor remains on-call at all tithes 5 b. Must respond in a timely manner 6 F. Temporary Protection of ConslfUCtion 7 1. Contractor or subcontractors are responsible for protecting Work from damage due 8 to weather. 9 1.5 SUBMITTALS INOT USED] 10 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 11 1.7 CLOSEOUT SUBMITTALS [NOT USED] 12 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13 1.9 QUALITY ASSURANCE [NOT USED] 14 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS [NOT USED] 18 PART 3 - EXECUTION [NOT USED] 19 3.1 INSTALLERS [NOT USED] 20 3.2 EXAMINATION [NOT USED] 21 3.3 PREPARATION [NOT USED] 22 3.4 INSTALLATION 23 A. Temporary Facilities 24 1. Maintain all temporary facilities for duration of construction activities as needed. C1 I OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 S'1 ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July I.201 1 01 5000-4 'TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] / [RESTORATION] 2 3.6 RE-INSTALLATION 3 3.7 FIELD Jori] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED[ 5 3.9 ADJUSTING [NOT USED] b 3.1.0 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work,to a 14 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED) 12 3.13 MAINTENANCE [NOT USED[ 13 3.14 ATTACHMENTS [NOT USED] 14 END OF SECTION 15 Revision Log DA'Z'E NAME SUMMARY OF CHANGE 16 CITY OF FORT WORTII Sanitary Sewer Rehabililation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 RevisedJuly L 2011 01 55 26- 1 STRL-E r USE PFRMII I AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 ol'3 I SECTION 01 55 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b_ Modification of approved traffic control 9 e. Removal of Street Signs 10 B. Deviations from this City of Font Worth Standard Specification 1 I 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13 Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENT'S 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control,a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSI'RUC770N SPECIFICATION DOCUMFNTS City Project No. 100420 Revised July 1,2011 01 5526-2 STRIA{"i"lJsl PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 or3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Pert-nit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minilmum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction,then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City Transportation and Public Works Department, Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USEDI 36 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project No 100420 Revised July 1,201 1 01552(-3 STREET USE PERMIT ANIS MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCIJMLN7 S City Project No. 100420 Revised July 1.2011 01 57 13- 1 STORM WATER POLLUTION PREVENTION Page I of 3 I SECTION 01 57 13 2 STORM WATER POLLUTION PREVENTION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water POIILit ion Prevention Plans 7 B. Deviations from this City of l.orl Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to. 10 1. Division 0— Bidding Requirements, Contract Dorms and Conditions of the 11 Contract 12 2. Division I —General Requirements 13 3. Section 31 25 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than I acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than l acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent:NOI 24 2. Notice of Termination:NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM)1'echnical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Storinwater Pollution Prevention Plan. CITY OF FORT WORTH Sanitary Sewi:r Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na 100420 Revised July 1,2011 01 57 13-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings, 5 2_ 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXRI 50000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817)392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES)General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to'TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department ol_Transportation and Public Works, 28 Environmental Division, [817) 392-6088. 29 2) TCEQ Notice of Change required if snaking changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (8 17) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMLN7 S City Project No. 100420 Revised July 1,2011 01 57 13-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. if the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] G 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY ]NOT USED] 11 PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF Cl-1ANGE 15 CITY OF FORT WORTH Sanitary Sewcr Rehabilitation Contract 93 STANDARD CONSTRUC3]ON SPECIFICATION DOCUMENTS City Projcct No. 100420 Revised July I,2011 015813-1 TEMPORARY PROJECT SIGNAGE Page I of 3 1 SECTION 01 58 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations froin this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS INOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS INOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING INOT USED] 24 1.11 FIELD ISITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED lou] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1.2011 01 58 13-2 'IEMPORARYPROJEC'I SIGNAGE Page 2 of 3 I B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C(exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED[ 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTu Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 01 58 13-3 TEMPORARY PROJECTSIGNAGE Pagc 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 01 60 00- 1 PRODUCT REQUIREMENTS Page 1 0(2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 --General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 I. Resources102 -Construction Doc unents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 2I C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List_ 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to,that 27 manufacturer's standard product_ 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December 20.2012 016000-2 PRODUCT RFQUIREML-NTS Page 2 ol'2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CH Y OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICA-HON DOCUMENTS City Project No 100420 Revised Deco nber 20,2012 01 66 00- 1 PRODUCT STORAGF.AND I IANDt.ING RFQUIRI MENTS Page I of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 1 I B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include,but are not necessarily limited to: 14 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS INOT USEDI 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 100420 Revised July 1.2011 016600-2 PRODUC-1 S-1 ORAGE AND HANDLING REQUIREMENTS Mtge 2 of'4 l 4. Deliver products or equipment in manufaclurer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B- Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements I 1 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment- 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any pari of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly,safely and compactly stack materials delivered and stored along line of' 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns,sidewalks,streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Sanitary Sewor Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised]uly 1,2011 016600-3 PRODUC I S IORAGL AND I[AN DLING RLQUIREMENTS Niae 3 or 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD IoR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged,used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING ]NOT USED] 20 3.11 CLOSEOUT ACTIVITIES ]NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF PORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July 1,2011 016600-4 PRODUCE STORACE AND HANDLING RHQUIREMEN"E S Page 4 of4 Revision Log LATE. NAME SUMMARY OF CHANGE 1 Cl I OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 S I ANDARD CONSTRUCTION SPECIFICAIION DOCUMENTS City Project No. 100420 Revised.luly I,2011 01 70 00- 1 MOBILIZA'nON AND REMOBILIZA,rION Page I or4 I SECTION 01 70 00 2 MOBILIZATION AND REMOBILIZATION 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes. 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 1 I at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site_ 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a_ Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel. equipment, and operating 30 supplies froin the Site including disassembly or temporarily securing 31 equipment,supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel. equipment, and operating 36 supplies to the Site necessary to resume the Work_ 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects C11 OF FORT WORTH Sanitary Serer Rehabilitalion Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prnlcct No 100420 Revised November 22,2016 01 7000-2 MOBILIZATION AND RLMOBILIZATION Page 2 of 4 1 a. Mobilization and Demobilization 2 1) Mobilization shall consist of the activities and cost on a Work Order basis 3 necessary for: 4 a) Transportation of Contractor's personnel, equipment, and operating 5 supplies to the Site for the issued Work Order. 6 b) Establishment of necessary general facilities for the Contractor's 7 operation at the Site for the issued Work Order 8 2) Demobilization shall consist of the activities and cost necessary for: 9 a) Transportation of Contractor's personnel,equipment, and operating l0 supplies from the Site including disassembly Fol-each issued Work 1] Order 12 b) Site Clean-up for each issued Work Order 13 c) Removal of all buildings or other facilities assembled at the Site for 14 each Work Oder 15 b. Mobilization and Demobilization do not include activities for specific items of 16 work for which payment is provided elsewhere in the contract. 17 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 18 a. A Mobilization for Miscellaneous Projects when directed by the City and the 19 mobilization occurs within 24 hours of the issuance of the Work Order. 20 B. Deviations from this City of Fort Worth Standard Specification 21 T. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 —General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment[Consult City Department/Division for direction on if 27 Mobilization pay item to be included or the item should be subsidiary. Include the 28 appropriate Section 1.2 A. I.] 29 1. Mobilization and Demobilization 30 a. Measure 31 l) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 2. Remobilization for suspension of Work as specificaily required in the Contract 37 Documents 38 a. Measurement 39 l) Measurement for this Item shall be per each remobilization performed. 40 b. Payment 41 l) The work performed and materials furnished in accordance with this Item 42 and measured as provided under"Measurement"will be paid for at the unit 43 price per each "Specified Remobilization" in accordance with Contract 44 Documents. 45 c. The price shall include: 46 1) Demobilization as described in Section 1.1.A2.a.1) CITY OF FORT WORTII Sanitary Sewer Rehabilitation Contract 9i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised November 22,2016 @17000-3 MOBILIZATION AND RLMOBILIGATION Page 3 of4 1 2) Remobilization as described in Section 1.I.A.2.a.2) 2 d. No payments will be made for standby, idle time,or lost profits associated this 3 Item. 4 3. Remobilization for suspension of Work as required by City 5 a. Measurement and Payment 6 1) This shall be submitted as a Contract Claim in accordance with Article 10 7 of Section 00 72 00. 8 2) No payments will be made for standby, idle time, or lost profits associated 9 with this Item. 10 4. Mobilizations and Demobilizations for Miscellaneous Projects I1 a. Measurement 12 1) Measurement for this Item shall be for each Mobilization and 13 Demobilization required by the Contract Documents 14 b. Payment 15 1) The Work performed and materials furnished in accordance with this Item 16 and measured as provided under"Measurement"will be paid for at the unit 17 price per each"Work Order Mobilization" in accordance with Contract 18 Documents. Demobilization shall be considered subsidiary to mobilization 19 and shall not be paid for separately. 20 c. The price shall include: 21 1) Mobilization as described in Section 1.1.A.3.a.1) 22 2) Demobilization as described in Section 1.I.A.3.a_2) 23 d. No payments will be made for standby,idle time, or lost profits associated this 24 Item. 25 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 26 a. Measurement 27 1) Measurement forthis Item shall be for each Mobilization and 28 Demobilization required by the Contract Documents 29 b. Payment 30 1) The Work performed and materials furnished in accordance with this Item 31 and measured as provided under-"Measurement" will be paid for at the unit 32 price per each "Work Order Emergency Mobilization" in accordance with 33 Contract Documents. Demobilization shall be considered subsidiary to 34 mobilization and shall not be paid for separately. 35 c. The price shall include 36 1) Mobilization as described in Section 1.1.A.4.a) 37 2) Demobilization as described in Section I.I.A_3.a.2) 38 d. No payments will be made for standby, idle time, or lost profits associated this 39 Item. 40 1.3 REFERENCES [NOT USED] 41 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 42 1.5 SUBMITTALS [NOT USED] 43 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 44 1.7 CLOSEOUT SUBMITTALS [NOT USED] 45 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Rcvibcd November 22,2016 01 7000-4 MOBILIZATION AND RI MOBILIZATION Page 4 of 4 1 1.9 QUALITY ASSURANCE [NOT USED] 2 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 4 1.12 WARRANTY [NOT USED] 5 PART 2- PRODUCTS [NOT USED] 6 PART 3- EXECUTION [NOT USED] 7 END OF SECTION 8 Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures-Revised specification_including blue text,to make specilicalion flexible fbr either subsidiary or paid bid item for Mobilization. 9 CITY OF FORT WORTH Sanaafy Sewei Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised November 22,2016 .FORT WORTH. Section 01 71 23.01 m Attachment A Survey Staking Standards February 2017 Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Sped fication s\Worth Heights Spec 800k\01 71 23.16.01_Attachinent A_Survey Staking Standards-WH.docx Page 1 of 26 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects.These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.gov/txdotmanuals/ess/ess.pdf) If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents 1. City of Fort Worth Contact Information II. Construction Colors Ill. Standard Staking Supplies IV. Survey Equipment, Control,and Datum Standards V. Water Staking VI. Sanitary Sewer Staking VII. Storm Staking VIII. Curb and Gutter Staking IX. Cut Sheets X. As-built Survey Z:\Projects\1187 Ft Worth—Sanitary Sewer Rehab\Design\SpecificationsNWorth Heights Spec Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 2 of 26 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent,direct line: (817) 392-8971 II. Construction Colors The following colors small be used for staking or identifying features in the field. This includes flagging„ paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS POTABLE WATER GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC ORANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS,AND PINK ALL PAVING INCLUDING CURB,SIDEWALK, BUILDING CORNERS SANITARY SEWER + ' IRRIGATION AND RECLAIMED WATER " III. Standard Staking Supplies Item Minimum size Lath/Stake 36"tall Wooden Hub (2"x2" min.square preferred) 6"tall Pin Flags (2.5"x 3.5"preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water-based Flagging 1"wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 3 of 26 IV. Survey Equipment, Control, and Datum Standards A. City Benchmarks All city benchmarks can be found here: http://fortworthtexas.gov/itsolutions G15 Look for'Zoning Maps'_ Under'Layers', expand 'Basemap Layers', and check on 'Benchmarks'. B. Conventional or Robotic Total Station Equipment I. A minimum of a 10 arc-second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every 6 months. C. Network/V.R.S. and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at anytime. II. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W,forced-main water lines, and rough-grade only. No GPS staking for concrete,sanitary sewer, storm drain,final grade, or anything that needs vertical grading with a tolerance of 0.25'or less is allowed. D. Control Points Set I. All control points set shall be accompanied by a lath with the appropriate Northing, Easting,and Elevation (if applicable) of the point set. Control points can be set rebar, 'X' in concrete,or any other appropriate item with a stable base and of a semi-permanent nature.A rebar cap is optional, but preferred if the cap is marked 'control point' or similar wording. Il. Datasheets are required for all control paints set. Datasheet should include: A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance.—If ground, provide scale factor used and base point coordinate, Example:C.S.F.=0.999125, Base point=North:0, East=O C. Geoid model used, Example: GEOID12A Z:\Projects\1187 Ft Worth_San'stary Sewer Rehab\Design\Specifications\Worth Heights Spec.Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 4 of 26 E. Preferred Grid Datum Although many plan sets can be in surface coordinates,the City's preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Proiected Coordinate System: NAD_1983_StatePlane_Texas_North_Central_FIPS_4202_Feet Projection: Lambert_Conformal—Conic Fa lse_E ast i ng: 1968500.00000000 False—Northing: 6561666.66666667 Central Meridian: -98.50000000 Standard—Parallel—l.- 32.13333333 Standard Parallel 2: 33.96666667 Latitude—Of—Origin: 31.66666667 Linear Unit: Foot US Geographic Coordinate System. GCS_North—American-1983 Datum: D North American 1983 Prime Meridian:Greenwich Angular Unit: Degree Neste: Regardless,ofwhat datum. each Pa1-1+1aAi,iI proj-'-1 l n) -r Ili- r;oova'.J'tk:'d translated into this pmferr€i1 hnd d should be m the proie,,J datum Ovvhzstev.-i it r"i"av `u€'; -: - ;' !.by FkJAPI�:s. :X North Cemr,;i,1202 ?rof� Seg ire ,rE° r Fife v z:;Fr .= F. Preferred Deliverable Format Axt csv dwg .job G. Preferred Data Format P,N,E,Z,D,N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) H. Preferred File Naming Convention This is the preferred format: City Project Number_Description_Datum.csv Example fora promect that has surface coordinates which must be translated: File 1:01234 As-built of Water an Main Street Grid NAD83 TXSP 4202.csv Z:\Projects\1187 Ft Worth—Sanitary Sewer Rehab\Design\Specification s\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 5 of 26 File 2: C1234—As-built of Water on Main Street—Project Specific Datum.csv Example Control Stakes Z:\Projects\1187 Ft Worth_Sanit ary Sewer Rehab\Design\Specification s\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 6 of 26 LLJ C-) LJ 11 EL= 100,00' L LW r j LE C2 Ld El ft C) 0 C) CP #1 N=5000.00 E=5000,00 VE V. Water Staking Standards Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\Gl 71 2316.01—Attachment A—Survey Staking Standards-WH.docx Page 7 of 26 A. Centerline Staking—Straight Line Tangents I. Offset lath/stakes every 200' on even stations IL Painted blue lath/stake only, no hub is required Ill. Grade is to top of pipe(T/P)for 12" diameter pipes or smaller IV. Grade to flow line(F/L)for 16" and larger diameter pipes V. Grade should be 3.50' below the proposed top of curb line for 10" and smaller diameter pipes VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional:Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking-Curves I. if arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25' interval IL Same grading guidelines as above 111. Staking of radius points of greater than 100' may be omitted C. Water Meter Boxes I. 7.0' perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0' behind the proposed face of curb III. Meter should be staked a minimum of 4.5'away from the edge of a driveway IV. Grade is to top of box and should be+0.06' higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0' behind proposed face of curb 11. Survey offset stake should be 7.0'from the center and perpendicular to the curb line or water main III. Grade of hydrants should be+0.30 higher than the adjacent top of curb E. Water Valves&Vaults 1. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans Example Water Stakes Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 8 of 26 70jS ,..STA-2+911 C-3.62 ti C3 4 Ul fd3} i I z C) $� <C 3' Q fS 1�t�L of -SrA-1+72.87i c-�a.s1 n � l LL F61 EL- IIIWV � , 1 f"1 a 4 L_1 F= ¢ 4 r -C LL_. 0 6 flz VI. Sanitary Sewer Staking Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01-Attachment A_Survey Staking Standards-WH.docx Page 9 of 26 A. Centerline Staking—Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking IL Painted green lath/stake WITH hub and tack or marker dot, no flagging required Ill. 1 offset stake between manholes if manholes are 400' or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted Vll. Stakes at every grade break Vlll. Cut sheets are required on all staking Optional:Actual stakes shall consist of a 60D noil or hub set with a whisker B. Centerline Staking—Curves 1. If arc length is greater than 100', POC(Point of Curvature) offset stakes should be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans Z:\Projects\1187 Ft Worth Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 10 of 26 Example Sanitary Sewer Stakes 11� y -ss e-'ill c-om LL, s� LL t ; _ GO 3 = II r 12. 0/5 � SS zi4 u $TA-3. LL- � A��, II�� � a a� � � *+� 4 G / � 7' O/S $ s'S11'29 t w I S. S LLI 4 � CO 04, y F v s Y3 rT�f _ f3 1} Ill 4��1 STA=E}F40I' _�r51Fvi}t -5 �+ PtQ- �j .,�J UP LL- � 4 .: ?5, LL- Ld F3 F Z:\Projects\1187 Ft Worth Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01-Attachment A_Survey Staking Standards-WH.docx Page 11 of 26 VII. Storm Sewer & Inlet Staking A. Centerline Staking—Straight Line Tangents I. 1 offset stake every 200' on even stations II. Grades are to flowline of pipe unless otherwise shown on plans III. Stakes at every grade break IV. Cut sheets are required on all staking Optional:Actual stakes shall consist of a 600 nail or hub set with a whisker B. Centerline Staking—Curves I. If arc length is greater than 100', POC(Point of Curvature)offset stakes should be set at a 25' interval H. Staking of radius points of greater than 100' may be omitted C. Storm Drain Inlets I. Staking distances should be measured from end of wing II. Standard 10' inlet= 16.00'total length III. Recessed 10' Inlet=20.00'total length IV. Standard double 10' inlet=26.67'total length V. Recessed double 10' inlet=30.67'total length D. Storm Drain Manholes L 2 offset stakes per manhole for the purpose of providing alignment to the contractor IL Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans Z:\Projects\1187 Ft Worth—Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 12 of 26 Example Storm Inlet Stakes FRONT FR 1\1 T (SIDE FACING } (SIDE FACING k �f m M o z � r r BACK BACK (9Oe FXQtC RIM) �, ;soe FAUUr H.0 Ve-) c IrmOrF1E'S THIGH K T a ' ��„ BP Of 11HE tiNNq� PONT 4 ��� MW � .4€EG iulr.- �.rars Ma.EL.E:AMN II ppHUB f&.�DAMPM I� II fix ET j"Ti:Tl;kik I P 1 f0UgTRcW 4a?AIZ . T/£ To TW 7 cwo r C -F t G O �I �+' h? rLr�YiiiWE DisrANCFs rrxr in{_rrs SrANDAND TD' - 16' - RECESSED 11Y - 2d STANDARD DOU6LE 10' — 26.67 FECESSED DOUBLE 10__a. -by i UALA. OF tid_ET FI hlj ��' FIA •-� :Ae 3 'Vr1r;C k. - Gl?Srh.§kiE FALT OF 1WET FACE CF INLET 1..13t'rtlPi�. .T�.+_jr,Z 9F P-%-!F Z':MT F.DrE ---JF F!,'E)AfXT •tif( OF-'A<M N? EDGE. S'.# PAIL Z ENT Z:\Projects\11$7 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 13 of 26 VIII. Curb and Gutter Staking A. Centerline Staking—Straight Line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans VII. Stakes at every grade break VIII. Cut sheets are required on all staking Optional:Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking—Curves III. If arc length is greater than 100', POC(Point of Curvature) offset stakes should be set at a 25' interval IV. Staking of radius points of greater than 100' may be omitted Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 14 of 26 Example Curb & Gutter Stakes FRONT (SIDE FACING (L) rnj FRO IT (sDE FALNr,rk}FRONT fc IPUM"F 7t3�E?•M37irFi{Er c Est., FRONT o (SIDE FACING 31ART PG} i�6E FkCIhJN rc crn.,use f r _ *� i X s....� BACKtry Vo tara.n�r3 at;se la rct (SIDE FACING R.O.W.) T + PONT �GIiIRU MADE IL r re rap ar gum , n JI i — - I - TCP OF CURB , Irk I iD 0' ` FLUk--tif E LILIGE OF PA'VE MEll"`IT Example Curb & Gutter Stakes at Intersection Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.15.01—Attachment A_Survey Staking Standards-WH.docx Page 15 of 26 °i' FrAG? cr tl .. .:., E— CY L` a' 01�140 srrs2+sop +am ............... . Lij 0 m .x xr = Aa t � a s- f w p a .r err t EWM M MOVS 1" 7N 4n m 9dW-409 a� Z.\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\SpecificationsNWorth Heights Spec Book\01 71 23.16,01—Attachment A_Survey Staking Standards-WH.docx Page 16 of 26 IX. Cut Sheets A. Date of field work B. Staking Method (GPS,total station) C. Project Name D_ City Project Number(Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name ii r, beobtairiedfronithL-rlrveysil"rInte-:i i Standard City Cut Sheet City Project Date: Number: Project Name: ❑TOTAL Staking Method: ❑ GPS STATION ❑ OTHER LOCATION: CON SULTANTICONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT# STATION OFFSET DESCRIPTION PROP. STAKED CUT +FILL -LTI+RT GRADE ELEV. Z:\Projects\1187 Ft Worth_5anitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 17 of 26 X. As-built Survey A. Definition and Purpose The purpose of an as-built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City's GIS data and must be in the proper format when submitted. See section IV. As-built survey should include the following(additional items may be requested): Manholes Top of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults(All sizes) Fire lines Fire hydrants Gate valves(rim and top of nut) Plugs, stub-outs, dead-end lines Air Release valves(Manhole rim and vent pipe) Blow off valves(Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.15.01_Attachment A_Survey Staking Standards-WH.docx Page 18 of 26 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases.This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write "NOT i=OUND"to notify the City. 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Ayu X��41145.�`l� Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\OZ 71 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 21 of 26 2l160l-4uochmrmA_Su/veyStaking Standards-WH.dncv r i II' 4 s a r r,rrr 4 1 110 Sammi _ IMS =— �'���� cffie_--e_�=== "—_--- ME E MEN-- --•ice Eggs ME—'.-1.'��—�s��-y���p� ( ,y, '•.��—..-.fir"'-���--_—C_=_ __--... _ -==Oim no a "c_ SON— w , RM --aE�� ME — --��x� �...—•�=iAt ns.—.�-- s Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. POINT NO_ NORTHING FASTING ELEV. DESCRIPTION 1 69462.57.189 2296079.165 726,09 SSMH RIM 2 6946260.893 2296062.141 725.568 GV RIM ""- 3 6946307.399 2296035.306 726.85 GV RIM ti 4 6946220.582 2296011.025 723.358 SSMH RIM S 6946195.23 2296015.116 722.123 GV RIM . 6 6946190.528 2296022.721 722.325 FH 7 6946136.012 2295992.315 719,448 WM RIM 8 6946002.267 229597.9.333 713.331 WM RIM 9 6946003.056 2295933.418 713.652 CO RIM 10 6945984,677 2295880.52 711.662 SSMH RIM L m 11 6945986-473 2295869.892 710.046 WM RIM 12 6945895.477 2295860.962 707.72 WMRIM 13 6945896.591 2295862.188 708.205 WM RIM V, -T- Ii 14 6945934.286 2295841.925 705.467 WM AIM 15 6945936.727 2295930.441 710.084 CO RIM 16 6945835.678 2295799.707 7037374 SSMH RIM A , 17 6945817.488 2295827.011 708392 SSMH RIM 18 6945759.775 2295758.643 711.22$SSMH RIM �-j A 19 6945768.563 2295778,424 710.0$6 GV RIM 20 6945743.318 2295788.392 710-631 GV RIM 21 6945723.219 2295754.394 712.849 GV RIM 22 6945682.21 2295744.22 716.686 WM RIM 23 6945621,902 2295669.471 723,76 WM RIM 24 6945643.407 2295736.03 719.737 CO RIM 25 6945571.059 2295655.195 727.514 SSMH RIM } }' r 26 6945539.498 2295667.803 729.123 WM RIM - 1 27 6945519.834 2295619.49 732.689 WM RIM 28 6945417.879 2295580.27 740,521 WM RIM 29 6945456.557 2295643.145 736.451 CO RIM I 3 30 6945387.356 2295597-101 740.756 GV RIM 31 6945370.688 2295606.793 740,976 GV RIM iL i, . 32 6945383.53 2295610.559 740.408 FH 33 6945321.228 2295551.105 746.34 WM RIM 34 6945319.365 2295539.728 746.777 CO RiM 35 6945242.289 2295570.715 148.454 WMRIM 36 6945233.624 2,295544.626 749.59 SSMH RIM 37 6945206.483 2295529.305 751.058 WM RIM , 38 6945242.015 22.95557.666 750.853 WMRIM 39 6945113.44S 2295520.335 75L871 WMRIM 40 6945049.02 2295527.345 752.257 SSMH RIM «r. 41 6945041.024 2295552.675 ?51.79 WM AIM !** 7+ 42 6945038,878 2295552.147 751.88WMRIM 1y' ��H1,�7, 43 6945006,397 2295518.135 752.615 WM RIM Ff.�it 44 5944944.787 2295520,635 752.801 WM AIM 45 6944943.432 2295556.479 752.156 WM RIM 46 5944860.416 2295534.397 752-986 SSMH RIM Z_\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 24 of 26 C. Other preferred as-built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. Z:\Projects\1187 Ft Worth_Sanitary Sewer Rehab\Design\Specification s\Worth Heights Spec Book\01 71 23.16.01_Attachment A_Survey Staking Standards-WH.docx Page 25 of 26 ---- -------- --- ----- m ------- --- ---- ------------- ------- ----- -------- --- --- i ZL tu Itr�� o sW WWW 71 �4 C .. I � n n. w •. n w w , v Y g � , Z:\Projects\1187 Ft Worth Sanitary Sewer Rehab\Design\Specifications\Worth Heights Spec Book\0171 23.16.01—Attachment A_Survey Staking Standards-WH.docx Page 26 of 26 01 71 23- 1 CONSTRUCTION STAKING AND SURVEY Page I L48 1 SECTION 01 7123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1_ Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 I_ None. 9 C. Related Specification Sdctions include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2_ Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) Measurement for this Item shall be by lump sum. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 item shall be paid for at the lump sum price bid for"Construction Staking". 20 2) Payment for"Construction Staking"shall be made in partial payments 21 prorated by work completed compared to total work included in the lump 22 sum item. 23 C. The price bid shall include, but not be limited to the following: 24 1) Verification of control data provided by City. 25 2) Placement, maintenance and replacement of required stakes and markings 26 in the field. 27 3) Preparation and submittal of construction staking documentation in the 28 form of"cut sheets"using the City's standard template. 29 2. Construction Survey 30 a_ Measurement 31 1) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and the materials furnished in accordance with this 34 Item are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 3. As-Built Survey 37 a. Measurement 38 1) Measurement for this Item shall be by lump sum. 39 b. Payment 40 1) The work performed and the materials furnished in accordance with this 41 Item shall be paid for at the lump sum price bid for"As-Built Survey". CITY OF FORT WORTTI 1r sr=. zn r !1 rr 5i_iti to STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2019 01 7123-2 CONSTRUCTION SLAKING AND S11RVEY Paee 2 of 8 1 2) Payment for"Construction Staking" shall be made in partial payments 2 prorated by work completed compared to total work included in the lump sum 3 item. 4 c. The price bid shall include, but not be limited to the following.. 5 1) Field measurements and survey shots to identify location of completed 6 facilities. 7 2) Documentation and submittal of as-built survey data onto contractor redline 8 plans and digital survey files. 9 10 1.3 REFERENCES 11 A. Definitions 12 1. Construction Survey - The survey measurements made prior to or while 13 construction is in progress to control elevation, horizontal position, dimensions and 14 configuration of structures/improvements included in the Project Drawings. 15 2, As-built Survey The measurements made after the construction of the 16 improvement features are complete to provide position coordinates for the features 17 of a project. 1.8 3. Construction Staking--The placement of stakes and markings to provide offsets 19 and elevations to cut and fill in order to locate on the ground the designed 20 structures/improvements included in the Project Drawings. Construction staking 21 shall include staking easements and/or right of way if indicated on the plans. 22 4. Survey"Field Checks" Measurements made after construction staking is 23 completed and before construction work begins to ensure that structures marked on 24 the ground are accurately located per Project Drawings. 25 B- Technical References 26 1. City of Fort Worth—Construction Staking Standards(available on City's Buzzsaw 27 website)—01 71 23.16.01—Attachment A—Survey Staking Standards 28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl)files(available 29 on City's Buzzsaw website). 30 3. Texas Department of Transportation(TxDOT) Survey Manual, latest revision 31 4. Texas Society of Professional band Surveyors(TSPS), Manual of Practice for Land 32 Surveying in the State of"Texas, Category 5 33 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. The Contractor's selection of a surveyor must comply with Texas Government 36 Code 2254(qualifications based selection)for this project. 37 1.5 SUBMITTALS 38 A. Submittals, if required, shall be in accordance with Section 01 33 00. 39 B. All submittals shall be received and reviewed by the City prior to delivery of work- 40 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 41 A. Field Quality Control Submittals CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 01 71 23-3 CONSTRUCTION STAKING AND SURVE=Y Page 3 of 8 1 1. Doculmentation verifying accuracy of field engineering work, including coordinate 2 conversions if plans do not indicate grid or ground coordinates. 3 2. Submit"Cut-Sheets"conforming to the standard template provided by the City 4 (refer to 01 71 23.16.01 —Attachment A—Survey Staking Standards). 5 1.7 CLOSEOUT SUBMITTALS 6 B. As-built Redline Drawing Submittal 7 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 8 constructed improvements signed and sealed by Registered Professional Land 9 Surveyor(RPI,S)responsible for the work(refer to 01 71 23.I6.01 --Attachment A 10 --Survey Staking Standards) . 11 2. Contractor shall submit the proposed as-built and completed redline drawing 12 submittal one(1) week prior to scheduling the project final inspection for City 13 review and comment. Revisions, if necessary,shall be made to the as-built redline 14 drawings and resubmitted to the City prior to scheduling the construction final 15 inspection. 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE 18 A. Construction Staking 19 1. Construction staking will be performed by the Contractor. 20 2. Coordination 21 a. Contact City's Project Representative at least one week in advance notifying 22 the City of when Construction Staking is scheduled. 23 b. It is the Contractor's responsibility to coordinate staking such that 24 construction activities are not delayed or negatively impacted. 25 3. General 26 a. Contractor is responsible for preserving and maintaining stakes. If City 27 surveyors are required to re-stake for any reason, the Contractor will be 28 responsible for costs to perform staking. If in the opinion of the City, a 29 sufficient number of stakes or markings have been lost, destroyed disturbed or 30 omitted that the contracted Work cannot take place then the Contractor will be 31 required to stake or re-stake the deficient areas. 32 B. Construction Survey 33 1. Construction Survey Nvill be performed by the Contractor. 34 2. Coordination 35 a. Contractor to verify that horizontal and vertical control data established in the 36 design survey and required for construction survey is available and in place. 37 3. General 38 a. Construction survey will be performed in order to construct the work shown 39 on the Construction Drawings and specified in the Contract Documents. 40 b. For construction methods other than open cut,the Contractor shall perform 41 construction survey and verify control data including, but not limited to, the 42 following: 43 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH lra rr}'•F, <4mrr `Sanity STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 01 71 23-4 CONSTRUCTION STAKING AND SURVEY Pate 4 of S 1 2) Use of Benchmarks to furnish and maintain all reference lines and grades 2 for tunneling. 3 3) Use of line and grades to establish the location of the pipe. 4 4) Submit to the City copies of field notesused to establish all lines and 5 grades, if requested, and allow the City to check guidance system setup prior 6 to beginning each tunneling drive. 7 5) Provide access for the City, if requested, to verify the guidance system and 8 the line and grade of the carrier pipe. 9 6) The Contractor remains fully responsible for the accuracy of the work and 10 correction of it, as required. 11 7) Monitor line and grade continuously during construction. 12 8) Record deviation with respect to design line and grade once at each pipe 13 joint and submit daily records to the City. 14 9) If the installation does not meet the specified tolerances (as outlined in 15 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 16 the installation in accordance with the Contract Documents. 17 C. As-Built Survey 18 1. Required As-Built Survey will be performed by the Contractor. 19 2. Coordination 20 a. Contractor is to coordinate with City to confirm which features require as- 21 built surveying. 22 b. It is the Contractor's responsibility to coordinate the as-built survey and 23 required measurements for items that are to be buried such that construction 24 activities are not delayed or negatively impacted. 25 c. For sewer mains and water mains 12"and under in diameter, it is acceptable 26 to physically measure depth and mark the location during the progress of 27 construction and take as-built survey after the facility has been buried. The 28 Contractor is responsible for the quality control needed to ensure accuracy. 29 3. General 30 a. The Contractor shall provide as-built survey including the elevation and 31 location (and provide written documentation to the City) of construction 32 features during the progress of the construction including the following: 33 l) Water Lines 34 a) Top of pipe elevations and coordinates for waterlines at the following 35 locations: 36 (1) Minimum every 250 linear feet, including 37 (2) Horizontal and vertical points of inflection, curvature, 38 etc. 39 (3) Fire line tee 40 (4) Plugs, stub-outs, dead-end lines 41 (5) Casing pipe (each end)and all buried fittings 42 2) Sanitary Sewer 43 a) Top of pipe elevations and coordinates for force mains and siphon 44 sanitary sewer lines (non-gravity facilities)at the following locations: 45 (1) Minimum every 250 linear feet and any buried fittings 46 (2) Horizontal and vertical points of inflection, curvature, 47 etc. 48 3) Stormwater—Not Applicable CITY OF FORT WORTII 1'co;e:,1 v-n s�za.IR i_e_ fc F_th.'}Ia i r_C�E:n r til STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS P-afP10 NEI Revised February 14,2018 0l 71 23-S CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 b. The Contractor shall provide as-built survey including the elevation and 2 location (and provide written documentation to the City) of construction 3 features after the construction is completed including the following: 4 1) Manholes 5 a) Rim and flowline elevations and coordinates for each manhole 6 2) Water Lines 7 a) Cathodic protection test stations 8 b) Sampling stations 9 c) Meter boxes/vaults (All sizes) 10 d) fire hydrants I I c) Valves (gate, butterfly, etc.) 12 Air Release valves (Manhole rim and vent pipe) 13 g) Blow off valves (Manhole rim and valve lid) 14 h) Pressure plane valves 15 i) Underground Vaults 16 (1) Rim and flowline elevations and coordinates for each 17 Underground Vault_ 18 3) Sanitary Sewer 19 a) Cleanouts 20 (1) Rim and flowline elevations and coordinates for each 21 b) Manholes and Junction Structures 22 (1) Rim and flowline elevations and coordinates for each 23 manhole and junction structure. 24 4) Stormwater—Not Applicable 25 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 26 1.11 FIELD ISITE] CONDITIONS [NOT USED] 27 1.12 WARRANTY 28 PART 2- PRODUCTS 29 A. A construction survey will produce, but will not be limited to: 30 1. Recovery of relevant control points, points of curvature and points of intersection. 31 2. Establish temporary horizontal and vertical control elevations(benchmarks) 32 sufficiently permanent and located in a manner to be used throughout construction. 33 3_ The location of planned facilities, easements and improvements. 34 a. Establishing final line and grade stakes for piers,floors,grade beams, parking 35 areas, utilities, streets, highways, tunnels, and other construction. 36 b. A record of revisions or corrections noted in an orderly manner for reference. 37 c. A drawing, when required by the client, indicating the horizontal and vertical 38 location of facilities, easements and improvements, as built. 39 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 40 construction staking projects. These cut sheets shall be on the standard city template 41 which can be obtained froin the Survey Superintendent(817-392-7925). 42 5. Digital survey files in the following formats shall be acceptable: 43 a. AutoCAD(.dwg) 44 b. ESRI Shapefile (.shp) CITY OF FORT WORTH l}4= >-P ar;�uflns�°e;cc_.?t!f.}I::=,.c:•..„r(', STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 01 71 23-6 CONSTRUCTION S'1 AKING AND SURVEY Page 6 or 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns(use 2 standard templates,if available) 3 6_ Survey files shall include vertical and horizontal data tied to original. project 4 control and benchmarks, and shall include feature descriptions 5 PART 3- EXECUTION 6 3.1 INSTALLERS 7 A. Tolerances: 8 1. The staked location of any improvement or facility should be as accurate as 9 practical and necessary. The degree of precision required is dependent on many 10 factors all. of which must remain judgmental. The tolerances listed hereafter are I 1 based on generalities and, under certain circumstances, shall yield to specific 12 requirements. The surveyor shall assess any situation by review of the overall plans 13 and through consultation with responsible parties as to the need for specific 14 tolerances. 15 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 16 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 17 1.0 fit. tolerance. 18 b. Horizontal alignment on a structure shall be within .0.1 ft tolerance. 19 c. Paving or concrete for streets, curbs, gutters, parking areas, drives,alleys and 20 walkways shall be located within the confines of the site boundaries and, 21 occasionally, along a boundary or any other restrictive line.Away from any 22 restrictive line,these facilities should be staked with an accuracy producing no 23 more than 0.05ft. tolerance from their specified locations. 24 d. Underground and overhead utilities,such as sewers, gas,water,telephone and 25 electric lines,shall be located horizontally within their prescribed areas or 26 easements. Within assigned areas,these utilities should be staked with an 27 accuracy producing no more than 0.1 ft tolerance from a specified location. 28 e. The accuracy required for the vertical location of utilities varies widely.Many 29 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 30 should be maintained. Underground and overhead utilities on planned profile, 31 but not depending on gravity flow for performance, should not exceed 0.1 ft. 32 tolerance. 33 B_ Surveying instruments shall be kept inclose adjustment according to manufacturer's 34 specifications or in compliance to standards. The City reserves the right to request a 35 calibration report at any time and recommends regular maintenance schedule be 36 performed by a certified technician every 6 months. 37 1. Field measurements of angles and distances shall be done in such fashion as to 38 satisfy the closures and tolerances expressed in Part 3.1.A. 39 2. Vertical locations shall be established from a pre-established benchmark and 40 checked by closing to a different bench mark on the same datum. 41 3. Construction survey field work shall correspond to the client's plans. Irregularities 42 or conflicts found shall be reported promptly to the City. 43 4. Revisions, corrections and other pertinent data shall be logged for future reference_ 44 CITY OF FORT WORTH r: r ti,,iiS n;)"we: STANDARD CONSTRUCTION SPEC:IFICA][ON DOCUMENTS Revised February 14,2018 01 71 23-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 3.2 EXAMINATION [NOT USED] 2 3.3 PREPARATION ]NOT USED] 3 3.4 APPLICATION 4 3.5 REPAIR/RESTORATION 5 A. If the Contractor's work damages or destroys one or more of the control 6 monuments/points set by the City, the monuments shall be adequately referenced for 7 expedient restoration. 8 1. Notify City if any control data needs to be restored or replaced due to damage 9 caused during construction operations_ 10 a_ Contractor shall perform replacements and/or restorations. 11 b. The City may require at any time a survey"Field Check"of any monument 12 or benchmarks that are set be verified by the City surveyors before further 13 associated work can move forward. 14 3.6 RE-INSTALLATION ]NOT USED] 15 3.7 FIELD lois] SITE QUALITY CONTROL 16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 17 City in accordance with this Specification. This includes easements and right of way, if 18 noted on the plans. 19 B. Do not change or relocate stakes or control data without approval from the City. 20 3.8 SYSTEM STARTUP 21 A. Survey Checks 22 1. The City reserves the right to perform a Survey Check at any time deemed 23 necessary. 24 2. Checks by City personnel or 3F`1 party contracted surveyor are not intended to 25 relieve the contractor of his/her responsibility for accuracy_ 26 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES [NOT USED] 30 3.12 PROTECTION [NOT USED] 31 3.13 MAINTENANCE [NOT USED] 32 3.14 ATTACHMENTS [NOT USED] 33 END OF SECTION 34 Revision Log CITY OF FORT WORT H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1'>H n %4P44,04:€L� €'ti i N(: Revised February 14,2018 01 71 23-S CONSTRUCTION SlAK1NG AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 1).Johnson Added instruction and modified measurement&payment under 1.2:added 8/31/2017 1t9.Owen dclinitions and references under 1,3:modified 1.6;added 1.7 closeout submittal requirements;modi lied 1.9 Quality Assurance;added PART 2—PRODUCT'S; Added 3.1 Installers,added 3.5 Repair/Restoration;and added 3.8 System Startup. Rcmoved'-blue teal revised measurement and payment sections for Construction Staking and As-Built Survey-,added reference to selection compliance with TGC 2/14/2018 M Owen 2254,revised action and Closeout submittal requirements;added acceptable depth measurement criteria;revised list of items requiring as-built survey"during"and 'after"construction;and revised"acceptable digital survey file format 1 CITY OF FORT WORT]i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ppsen ':ct Mini efCitv Po c E Nc 00-42 01 Revised February 14,2018 01 7423- 1 CLEANING Page I of 4 1 SECTION 01 74 23 2 CI.IANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I General Requirements 13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials_ CITY OF FORT WOR"fH Sanitary Sewer Rehabi I italion Contract 93 STANDARD CONSTRUCTION SPECIFICATION DO('UMLNTS City Project No_ 100420 Revised July 1,201 017423-2 CLEANING Page 2 nr4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED[ 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPR011UCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USE, 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised.luly 1,201 1 01 7423-3 CLEANING Page 3 or4 1 6_ Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items,which 20 may become airborne or transported by dowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust,dirt, stains, fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction_ 30 b. Clean ducts, blowers and oils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broorn clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13- 39 2. Sweep roadway to remove all rocks, pieces of asphalt,concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3_ Clean any interior areas including, but not limited to, vaults, manholes,structures, 42 junction boxes and inlets. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIPICA"I ION DOCUMENTS City Project No_ 100420 Revised Iuly 1,2011 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and Upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 314 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTFI Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July 1,2011 01 77 19-1 CLOSEOUT REQUIREMENTS Page I of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 --General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily fled with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. I CITY OF FORT WORT]I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 01 77 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS INOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice,inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up Of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheets 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMEN"rs City Project No_ 100420 RcvisM,luly 1.201 1 01 77 19-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [aR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF PORT wORTI I Sanitary Server Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July 1,2011 017823- I OPERATION AND MAINTENANCE DATA Page I of I SECTION 01 78 23 2 OPERATION AND MAINTENANCE DATA 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include,but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers(to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES jNOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final fonn to the City within 30 calendar days of product 25 shipment to the project site_ 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 % inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WOR'T'H Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised December 20,2012 017823-2 OPERATION AND MAINTENANCE- DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND I 1 MAINTENANCE INSTRUCTIONS". 12 2) hist: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available,provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor,name of responsible principal,address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List,with each product: 26 1) The name, address and telephone number ofthe subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 S7"ANDARD CONS'I'ItIJC'I'ION SPECIFICATION DOCUMEN'I S City Proiect No. 100420 Revised December 20,2012 01 78 23-3 OPERATION AND MAINTENANCE DA"I A Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in lural form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data,giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up,break-in, routine and normal operating instructions 32 2) Regulation, control,stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly,repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h_ Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTI I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS. City Project No. 100420 Revised December 20,2012 01 7823-4 OPEItA-I]ON AND MAINTENANCE DATA Page 4 or 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories ofpanelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly,repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts,manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S City Project No. 100420 Revised December 20.2012 01 7823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELFVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1 —title of section removed S CITY OF FORT WORTH Sanitary Server Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised December20,2012 01 78 39- 1 PROJECT RECORD DOCUMENTS Page 1 of 5 1 SECTION 01 78 39 2 PROJECT RECORD DOCUMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including_ 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 16 2. Division I —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection,deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifirzations and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised]uly I;2011 01 7839-2 PRO.IECT RECOIL)DOCUMENTS Page 2 of 5 1 2. Accuracy of records shall be such that future search for items shown in the Contract 2 Documents may rely reasonably on information obtained from the approved Project 3 Record Documents. 4 3. To-facilitate accuracy of records, make entries within 24 hours after receipt of 5 information that the change has occurred. 6 4. Provide factual information regarding all aspects of the Work, both concealed and 7 visible,to enable future modification of the Work to proceed without lengthy and 8 expensive site measurement, investigation and examination. 9 1.10 STORAGE AND HANDLING 10 A. Storage and Handling Requirements 1 I l. Maintain the job set of Record Documents completely protected fi-oln deterioration 12 and from loss and damage until completion of the Work and transfer of all recorded 13 data to the final Project Record Documents. 14 2. In the event of loss of recorded data, use means necessary to again secure the data 15 to the City's approval. 16 a. In such case,provide replacements to the standards originally required by the 17 Contract Documents. 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2 - PRODUCTS 21 2.1 OWNER-FURNISHED loR] OWNER-SUPPLIED PRODUCTS [NOT USED] 22 2.2 RECORD DOCUMENTS 23 A. Job set 24 1. Promptly following receipt of the Notice to Proceed, secure from the City,at no 25 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 26 B. Final Record Documents 27 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 28 the City 1 complete set of all Final Record Drawings in the Contract. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July L.2011 01 7939-3 PRO.IEC I RECORD DOCUMENTS Page 3 ofS 1 2.3 ACCESSORIES [NOT USED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3- EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 MAINTENANCE DOCUMENTS 8 A. Maintenance of Job Set 9 1. Immediately upon receipt of the job set, identify each of the Documents with the 10 title, "RECORD DOCUMENTS -JOB SET". 11 2. Preservation 12 a. Considering the Contract completion time,the probable number of occasions 13 upon which the job set must be taken out for new entries and for examination, 14 and the conditions under which these activities will be performed,devise a 15 suitable method for protecting the job set. 16 b. Do not use the job set for any purpose except entry of new data and for review 17 by the City, until start of transfer of data to final Project Record Documents. 18 c. Maintain the job set at the site of work. I9 3. Coordination with Construction Survey 20 a. At a minimum, in accordance with the intervals set forth in Section 0171 23, 21 clearly mark any deviations from Conti-act Documents associated with 22 installation of the infrastructure. 23 4. Making entries on Drawings 24 a. Record any deviations from Contract Documents. 25 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 26 change by graphic line and note as required. 27 c. Date all entries. 28 d. Call attention to the entry by a"cloud" drawn around the area or areas affected. 29 e. In the event of overlapping changes, use different colors for the overlapping 30 changes. 31 5. Conversion of schematic layouts 32 a. In some cases on the Drawings, arrangements of conduits,circuits, piping, 33 ducts, and similar items,are shown schematically and are not intended to 34 portray precise physical layout. 35 1) Final physical arrangement is determined by the Contractor, subject to the 36 City's approval. 37 2) However,design of future modifications of the facility may require 38 accurate information as to the final physical layout of items which are 39 shown only schematically on the Drawings. 40 b. Show on the job set of Record Drawings, by dimension accurate to within 1 41 inch,the centerline of each run of items. CITY OF FORT WORTH Sanitary SeNver Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projecl No. 100420 Revised JLily 1,2011 01 7839-4 PROJECT RECORD DOCUMENTS Page 4 oF5 I 1) .Final physical arrangement is determined by the Contractor, subliect to the 2 City's approval. 3 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 4 ceiling plenum", "exposed", and the like). 5 3) Make all identification sufficiently descriptive that it may be related 6 reliably to the Specifications. 7 c. The City may waive the requirements for conversion of schematic layouts 8 where, in the City's judgment, conversion serves no useful purpose. however, 9 do not rely upon waivers being issued except as specifically issued in writing 10 by the City. 1 1 B. Final Project Record Documents 12 1. Transfer of data to Drawings 13 a. Carefully transfer change data shown on the job set of Record Drawings to the 14 corresponding final documents,coordinating the changes as required. 15 b. Clearly indicate at each affected detail and other Drawing a full description of 16 changes made during construction,and the actual location of items. 17 c. Call attention to each entry by drawing a"cloud" around the area or areas 18 affected. 19 d. Make changes neatly, consistently and with the proper media to assure 20 longevity and clear reproduction. 21 2. Transfer of data to other Documents 22 a. If the Documents, other than Drawings, have been kept clean during progress of 23 the Work, and if entries thereon have been orderly to the approval of the City, 24 the job set of those Documents,other than Drawings, will be accepted as final 25 Record Documents. 26 b. If any such Document is not so approved by the City, secure a new copy of that 27 Document from the City at the City's usual charge for reproduction and 28 handling,and carefully transfer the change data to the new copy to the approval 29 of the City. 30 3.5 REPAIR/RESTORATION [NOT USED] 31 3.6 RE-INSTALLATION [NOT USED] 32 3.7 FIELD lok] SITE QUALITY CONTROL [NOT USED] 33 3.8 SYSTEM STARTUP [NOT USED] 34 3.9 ADJUSTING [NOT USED] 35 3.10 CLEANING [NOT USED] 36 3.11 CLOSEOUT ACTIVITIES [NOT USED] 37 3.12 PROTECTION [NOT USED] 38 3.13 MAINTENANCE [NOT USED] 39 3.14 ATTACHMENTS [NOT USED] 40 END OF SECTION CITY OF FORT WOR"II I Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City 1'roject No. 100420 Revised July 1,2011 01 78 39-5 PROJECT RFCORD DOCUMENTS Page 5 of 5 l Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No_ 100420 Revises!July 1,201 1 APPENDIX (Text in Blue is for information or guidance. Renaove all blue text in the Project]inal Lloculnentation] GC-4.01 Availability of Lands • Temporary Right of Envy (TROE) Form GC-4.02 Subsurface and Physical Conditions • Pavement Report from Fugro Consultants, Inc_ dated November 9,2016 GC-4,04 Underground Facilities None GC-4.06 Hazardous Environmental Condition at Site Norte GC-6.06.D Minority and Women Owned Business Enterprise Compliance -Provide ;A1TVREJ6rrns, including Subc•ontractorl.Supplier tltili�ation Porrn, Prince COntl-CIClor" YVaiver Form, Good Faith EjJbi-I Perin, and.Joint Venture Eligibilily Porrn= GC-6.07 Wage Rates • 2013 Prevailing Wage Rates(Heavy and Highway Construction Projects) GC-6.09 Permits and Utilities None GC-6.24 Nondiscrimination None GR-01 60 00 Product Requirements • City of Fort Worth's Water Department Standard Products List CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract No 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July I;2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract No.93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 Revised July T,2 01 1 Water& Sanitary Sewer Replacement Contract 93, WSM-L Parcel # Doe # Lot 10, Block 24, Worth Heights Neighborhood 3737 Bryan Ave. CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 24, Lot 10, Worth Heights Neighborhood as shown on the deed recorded in Volume [NOT FOUND] Page [NOT FOUND] Tarrant County Deed Records, Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of disconnecting home/business from old sanitary sewer line and reconnecting to new sanitary sewer line. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives, or contractors to access the aforementioned property. TO HAVE AND TO 14OLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns, for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the day of , 201 . 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Z I VIII �I , I z �1 > (7-7/10 H-7,V VP L 01 SS „9 1S/X7 I -- - - - - - _ _ - - - -- - - II SII - - - - - - - -- - ----------- - -77 —r M_,y M_ g � / I IAV (Ub),,\�B w nHo n„per ^a �— o °, M ' ti6'50�0£'�'z N L0 08Z8£'69 N GC-4,02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTION.A.LLY BLANK CITY OF PORT WORTH Sanitary Sewer Rehabilitation Contract No 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July I,2011 FUGFRO CONSULTANTS, HIM. November 9, 2016 Project No. 04.41162084 2517 East Loop 820 K Fort Worth,Texas 76118 Mr. Robert Sauceda, P.E_ Tel: 817-284-9595 City of Fort Worth Fax: 817-284-4480 8851 Camp Bowie Blvd, Suite 300 Fort Worth, Texas 76116 Re: Construction Materials Services CPN #100420, Sanitary Seger Rehabilitation, Contract 93 Fort Worth, Texas Dear Mr. Sauceda: As requested, we have obtained soil samples and cores at the locations indicated on the attached street assignments provided by the City of Fort Worth, The pavements were cored, when necessary, and soil samples were obtained to an approximate depth of 18 inches using a "hand auger" in those accessible areas. Core depths were determined and soil classification tests were performed on the soil samples, as requested. The soil classification and core depth results are attached. We hope this information is sufficient for your present needs. Please contact us if you have any questions or comments. Sincerely, WFUGR ONSULTANTS, INC Roy . Grant, P.E. Construction Materials Manager A member of the Fugro group of companies with offices throughout the world. FUGRO CONSULTANTS, INC. 2517 East Loop 820 North, Fort Worth,Texas 76118 Ph(817)284-9595: Fax(817)284-4480 CORE REPORT CLIENT-, City of Fort Worth REPORT DATE: 11/09/16 PROJECT, CPN#100460, Sanitary Sewer Rehabilitation, Contract 93 PROJECT NO: 04.41162084 CORE DATE: 11/03116 Core i Cori:Thickness No. Core Location (Inches) Asphalt Concrete 1 3504 S Henderson St 2'/< 4 'i 2 3532 S Henderson St 9 % 10% 3 3608 S Henderson St 3 4 % 4 3634 S Henderson St 2 % 5 !4 5 3717 Lipscomb Ave 3 6% _63645 Lipscomb Ave 2 %__j__ 6 mi 7 i 3430 Lipscomb Ave 3 6% 8 ' 3501 Lipscomb Ave 3 i 7 9 Alley Btwn Pafford & Fogg, 40'W of St Louis St 2 j 3 10 Alley Btwrn Pafford&Fogg, 140'W of St Louis St 2% N/A REMARKS: Generally asphalt overlays the concrete Test Method: ASTM C-42,ASTIR CA 74 Technician: Paul Richardson FUGRO CONSULTANTS, INC. TBPE FFyh Registration No. 299 Z19 V/X"�� y R. 09rant, P.E. 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' z � NrV ro J 2cro OD CO co m IJOD w� m co co co a O ri L cs a us U GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH SaniTary Sewer Rehabilitation Contract No 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100420 RevisedJuly 1,2011 GC-4m06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK Cl'1Y OF FOR] WORTH Sanitary Sewer Rehabilitation Contract No.93 S I ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised lufy 1.2011 GC-6.06.D Minority and Women Owned Business Enterprise Compliance TRIS PAGE LEFT INTENTIONALLY BLAND CTTY OF FORT WORTH Sanitary Seiner Rehabilitation Contract No 93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No 100420 Revised July 1.301 t GC-6.07 Nage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTFI Sanitary Seer Rehabilitation Contract No.93 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Prosect No. 100420 Revised July 1.201 1 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axie Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the cdassifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. 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