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Contract 45999
un SECRETARY ✓ D.O.E. FILE CONTRACTOR'5 BONDING CO. CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF cmr SECP jAWq� ��1cl WAYFINDING SIGN INSTALLATIONS City Project No. 302825 CSJ 090248-802 TxDOT Project Number STP 2003 (528) MM Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Randle Harwood Director, Planning and Development Department Prepared for The City of Fort Worth Planning and Development Department 2014 Kimley-Horn and Associates, Inc. TBPE Firm No. F�928 801 Cherry Street, Unit 11, Suite 950 Fort Worth, Texas 76102 (817) 335-651100 Oir'F1CIA1-RECORD ����P�Ee of clvro SECRET�R� ' Wf*x s C. BRIANSHAN d 86377 00 OCT 0 2 *'�� �DO NOT DISASSEMBLE i .......... l:, tlKIAN Jt1AMtlUK(itK v 86377 �!o,�•.,!/BENS O. Q:'"' F, "2." l ENGINEER SEAL The enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project. Alteration of a sealed document without proper Notification to the responsible engineer is an Offence under the Texas Engineering Practice. CSJ: 0902-48-802 Project: STP 2003 (528) MM County: Tarrant Federal and TxDOT specifications shall govern the City specifications. 000000-1 TABLE OF CONTENTS Pagel of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 0045 11 Bidders Prequalifications 14 00 45 26 Contractor Compliance with Workers' Compensation Law 15 00 45 42 Disadvantaged Business Enterprise Goal 16 00 52 44 Agreement 17 0061 13 Performance Bond 18 0061 14 Payment Bond 19 0061 19 Warranty Bond 20 00 61 25 Certificate of Insurance 21 00 72 00 General Conditions 22 0073 00 Supplementary Conditions 23 24 Division 01 - General Requirements 25 01 11 00 Summary of Work 26 01 25 00 Substitution Procedures 27 01 31 19 Preconstruction Meeting 28 01 32 16 Construction Progress Schedule 29 01 3233 Preconstruction Video 30 01 33 00 Submittals 31 01 35 13 Special Project Procedures 32 01 4523 Testing and Inspection Services 33 01 5000 Temporary Facilities and Controls 34 01 5526 Street Use Permit and Modifications to Traffic Control 35 01 57 13 Storm Water Pollution Prevention Plan 36 01 5813 Temporary Project Signage 37 01 6000 Product Requirements 38 01 6600 Product Storage and Handling Requirements 39 01 7000 Mobilization and Remobilization 40 01 71 23 Construction Staking and Survey 41 01 7423 Cleaning 42 01 77 19 Closeout Requirements 43 01 7823 Operation and Maintenance Data 44 01 7839 Project Record Documents 45 46 47 48 49 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised November 4, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 000000-2 TABLE OF CONTENTS Page 2 of TxDOT Requirements 1. Disadvantaged Business Enterprises (DBE) Requirements 2. Buy America 3. Child Support Statement (Family Code §231.006) 4. OSHA Implementation 5. Disclosure of Lobbying Activities 6. Non -Collusion and Debarment Statement 7. Certificate of Insurance 8. Certification of Interest 9. Contractor's Assurance 10. Seals Page 11. Prevailing Minimum Wage — Davis Bacon 12. Prison Produced Materials 13. Differing Site Conditions 14. General Notes 15. TxDOT Specifications List 16. Special Provisions 17. Special Specifications 18. Federal Requirements for Federal -Aid Construction Contracts (FHWA-1273) 19. "Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges — Adopted by the Texas Department of Transportation June 1, 2004" — Included by Reference. Appendix A 1— Availability of Lands A2 — Disadvantaged Business Enterprises (DBE) Requirements A3 — Permits and Utilities 33 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 4, 2013 Wayfinding Sign Installations City Project No. 302825 M&C Review Page I of 2 CITY COUNCILAGENDA Official site of the City of Fort Worth, Texas FORT WORTI1 COUNCIL ACTION: Approved on 7/22/2014 - Ordinance No. 21334-07-2014 REFERENCE ** 06WAYFINDING SIGNAGE DATE: 7/22/2014 NO.: C-26862 LOG NAME: CONTRACT FOR INSTALLATION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Acceptance of Funds from Tax Increment Reinvestment Zone No. Three, City of Fort Worth, Texas, Downtown TIF, North Fort Worth Business Association and the Cultural District Alliance for Additional Match in the Amount of $230,500.00 for the Wayfinding Project, Rescind In -Kind Funding in the Amount of $69,196.36 from the Grant Fund, Waive Permit Fees, Authorize Execution of a Construction Contract with Bunting Graphics, Inc., in the Amount of $498,560.16 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 7 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize acceptance of a $108,000.00 contribution from Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas, Downtown TIF; 2. Authorize acceptance of a $50,000.00 contribution from the North Fort Worth Business Association; 3. Authorize acceptance of a $72,500.00 contribution from the Cultural District Alliance; 4. Rescind $69,196.36 in -kind contribution from the Grant Fund; 5. Authorize a waiver of permit fees as provided per exceptions in Section 109.2.1 of the City of Fort Worth Building Code; 6. Authorize execution of a construction contract with Bunting Graphics, Inc., in the amount of $498,560.16 for the fabrication and installation of wayfinding signage in Downtown, the Cultural District, and the Historic Stockyards; and 7. Adopt appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $69,196.36 and in the Specially Funded Capital Projects Fund in the amount of $161,303.64. DISCUSSION: On November 26, 2002, Mayor and Council Communication (M&C C-19365), the City Council approved the creation of a coordinated wayfinding program in partnership with stakeholders from Downtown, the Cultural District, and the Historic Stockyards. The program includes the following activities: 1. Design and implement a signage system to direct vehicular and pedestrian traffic within the three visitor districts. The signage system will provide information about attractions and parking (design complete); and 2. Develop and maintain an interactive website with information about parking, transit, and points of interest in the three visitor districts (complete). http://www.fortworthgov.org/council_packet/mc review.asp?ID=20042&councild... 8/25/2014 M&C Review Page 2 of 2 Due to changes in federal wayfinding sign standards, concerns about potential sign clutter, new development, and changes in wayfinding best practices and technology, the City and its partners hired a wayfinding consultant (M&C C-25574) in May 2012 to redesign and implement the wayfinding project. The consultant fee was paid from existing project funding. Design consultants have completed the new design and the project has been bid. Due to the loss of in -kind match as a result of accounting changes at the Texas Department of Transportation (TxDOT), cost of consultant services, and increased cost of signage based on the new design, the three district partners have committed additional funding for project completion. Bunting Graphics, Inc., has been selected to fabricate and install the signage. TxDOT concurred, recommended awarding the contract to Bunting Graphic, Inc., and provided the State Letter of Authority on June 13, 2014. The estimated construction costs are as follows: Contract - Fabrication and Installation 11$498,560.16 IT/PW Contract Services (+/-) I1$ 1,000.00 (Contingency 10 percent (+/-) 11$ 49,856.00 Total 11$549,416.16 M/WBE Office - Bunting Graphics, Inc., is in compliance with the City's DBE Program by committing to two percent DBE participation and documenting good faith effort. Bunting Graphics, Inc., identified several subcontracting and supplier opportunities. However, the DBEs contacted in the areas identified did not submit the lowest bids. The City's DBE goal on this project is four percent. The project is located in COUNCIL DISTRICTS 2, 7 and 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as appropriated, of the Grants Fund and the Specially Funded Capital Projects Fund. Microsoft SQL Server Native Client 10.0 error'80004005' TCP Provider: A connection attempt failed because the connected party did not properly respond after a period of time, or established connection failed because connected host has failed to respond. /council_packet/mc review.asp, line 1160 http://www.fortworthgov.org/council_packet/mc review.asp?ID=20042&councild... 8/25/2014 1 2 3 4 PROJECT: 5 6 FEDERAL AID PROJECT NO.: 7 8 9 CITY PROJECT NUMBER: 10 11 OWNER: 12 13 CONSULTING ENGINEER: 14 15 16 17 18 19 DATE OF ADDENDUM_; 20 21 DATE OF BID OPENING: 22 - 23 INSTRUCTION TO BIDDERS: 24 25 26 27 1. Clarifications 000515-1 ADDENDA Pagel of 4 ADDENDUM NO.1 Wayfmding Sign Installations CSJ: 0902 48 802 STP 2003 (528) MM 302825 City of Fort Worth Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, Texas 76102 TBPE Firm No. F-928 (817)335-6511 May 13, 2014 May 22, 2014 Bidders shall acknowledge receipt of this addendum No. 1 on Section 00 4100, Bid Form, Page 3 of 3 of the Project Manual. 28 a. Section 00 45 11, Fort Worth Bid Sample 29 i. The MP number for the Architectural Bronze should be MP07458. 30 b. Confidential Questionnaire Form 31 i. Form can be downloaded at: 32 http://www.txdot.pov/txdoteforms/GetForm?formName=/2065.pdf&appl 33 D=/CST&status=/reportError. i sp&confi jzFi le= WFS ery letConfil?.xml 34 2. Questions form Pre -Bid Conference and Separate E-mails 35 a. have the project locations been approved by TxDOT? 36 i. Answer: Yes. 37 b. Who will approve the traffic control? 38 i. Answer: City will issue street use permits. 39 c. Do the construction days include both fabrication and installation? 40 i. Answer: Yes. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 000515-2 ADDENDA Page 2 of 4 1 d. Working or calendar days? 2 i. Answer: Working. 3 e. Do the sign samples need to be sent to Corbin? 4 i. Answer: Yes. 5 f Are there more details for the location for the map insert? 6 i. Answer: This location just requires the existing map to be replaced by a 7 new one. Both sign location plan and sign message schedule contain 8 information on this insert. 9 g. Will Corbin provide the map artwo0b 10 i. Answer: Yes. 11 h. Can samples from previous projects be submitted for evaluation? 12 i. Answer: Yes o for required keystroke proof sample and shop drawing 13 sample only. Bidders must follow bid sample artwork and produce 14 unique sign sample. Bids submitted without unique sign sample will be 15 rejected. 16 i. is the unit (months) for TCP correct? 17 i. Answer: Yes, traffic control is paid by the month. 18 j. Will the City issue a blanket TCP permit for the whole projector will 19 contractors have to get a TCP permit for each location? 20 i. Answer: Sign and TCP permit fees will be waived by the City. 21 k Will the demolition called out for in the plans be done by the Contractor? 22 i. Answer: The City of Fort Worth will handle the removal and disposal of 23 old signs. The itemized demo list was removed from the bid. 24 1. is this project tax exempt? 25 i. Answer: Yes. 26 m. We send the bid form and bond to City and pre-qual statement and sample 27 to designer, correct? 28 i. Answer: Yes. 29 n. Do we use dent breakaway bolts or Transpo PoleSafe breakaways? 30 i. Answer: Dent breakaway bolts and Transpo PoleSafe Breakaways are 31 basically the same product. Bidder can purchase from either vendor 32 provided product is TXDOT approved. 33 o. As f understand it, if a sign goes into sidewalk, we are to use a 51x5l concrete 34 block as the Tooter, but if it goes into grass, we are to use a pier Tooter. Is 35 this correct? 36 i. Answer: Each sign needs to be structurally engineered by the awarded 37 bidder. The 5'x5' concrete example is pulled from a page in design 38 intent pages which illustrates restoration of ground conditions. 39 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 000515-3 ADDENDA Page 3 of 4 1 p. On the proposal form, why is the quantity 9 for item #2 — barricades? 2 i. Answer: The unit for payment for TCP required by TxDOT is months, so 3 we included 9 months of TCP. 4 q. What is item 8 and 9 on proposal form for? 1500 LF? 5 i. Answer: This is for erosion control fencing, if it's needed. Refer to plan 6 sheets 85-87. 7 r. Can you send contact info on companies that have received bid documents? 8 i. Answer: Each contractor who downloads plans is required to fill out the 9 document on BuzzSaw. This files that are filled out by each contractor is 10 available to anyone to view. 11 s. Does the bidder need to have the Texas taxpayer identification number as 12 issued by the Texas Comptroller of Public Accounts prior to submitting the 13 bid? 14 i. Answer: Yes. 15 t. Does the bidder need to be pre -qualified by TxDOT prior to submitting the 16 bid? 17 i. Answer: Yes. 18 u. ghat are the minority goals for this bid? 19 i. Answer: 4% DBE goal. Refer to Section 00 45 42 of the Project Manual. 20 v. Is there a local preference for this project? 21 i. Answer: No. 22 w. Where can we get digital art files to create the Prototype sign? 23 i. Answer: The PDF of the bid sample is unsecured and the fonts have been 24 converted to outlines. The content of the file can be extracted in Adobe 25 Illustrator. The file is attached. 26 x. Can we substitute aluminum for the sign posts instead of the steel posts 27 called for in the design intent? 28 i. Answer: TxDOT has approved the steel posts as shown in the design 29 intent drawings. Aluminum posts are NOT an approved substitution. 30 y. Can you clarify what the intent is behind the graphics on the sign faces (such 31 as GX-lA)? Are the letters/arrows removed from the 05-Dark Grey 32 Reflective Film and then applied I" surface to the 04-White Reflective? 33 i. Answer: Yes, the graphics are "cut-out" of the grey vinyl to expose the 34 high intensity reflective sheeting behind. NOTE: the Dark Grey vinyl is 35 NOT reflective. The Grey is translucent and is applied over the reflective 36 sheeting. Please see the "Finishes, Fonts and Symbols" page from the 37 design intent drawings to see an illustration in the upper right corner for 38 the proper vinyl layer application. 39 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July I, 2011 000515-4 ADDENDA Page 4 of I z. The specifications say we are responsible for removal and disposal of certain 2 signs as shown in the schedule, but I see no line item for this on the bid form. 3 Should it be itemized or rolled in? 4 L Answer: The City of Fort Worth will handle the removal and disposal of 5 old signs. The itemized demo list was removed from the bid. 6 aa. The schedule also makes reference to relocation of trash cans, newspaper 7 boxes and removal of a guardrail. Is this in our scope or are these notes in 8 the package for others? If this is in our scope, can additional information be 9 provided in order that we might provide an accurate cost? 10 i. Answer: Common streetscape items may need to moved and/or relocated 11 only if they conflict with the final sign location. The successful bidder 12 will be responsible for coordinating with the City during the sign 13 locating phase to address any location conflicts with existing "moveable" 14 items. There is no additional information available at this time. 15 bb. The bid form has a unit measure of "MO" for the barricades and traffic 16 control. At first I thought this was meant to mean months but our work 17 would not require traffic control for months so since I am unfamiliar with 18 this abbreviation can it be clarified? 19 i. Answer: The unit is months. The nine months is the total project time 20 frame. 21 cc, It appears that most of these signs will be installed in concrete areas but I 22 could find no specification as to how much patch and repair we are to 23 include. In previous jobs, we were instructed to assume a 5' x 5' area of 24 sidewalk to be cut out and replaced after the foundations are installed. 25 Should we assume similar for this project? If not, what should we allow? 26 i. Answer: Bidders are to assume a 5'x5' sidewalk replacement when 27 installing the footing. 28 This addendum is being conveyed to all plan holders via email and City's BuzzSaw website. E-• 29 mail delivery receipts shall constitute notification and receipt of this addendum. Failure to return 30 a signed copy of this addendum with the Proposal shall be grounds for rendering the bid non- 31 responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid 32 submittal. 33 Recei c ledged. 34 35 s • y: 36 Randy Hutcheson J g y p Y , 37 Project Manager, City of Fort Worth Com an Q , fling C� hics, Inc 38 J �� 39 END OF SECTION CITY OF PORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302,825 Revised July 1, 2011 1 2 3 4 PROJECT: 5 6 FEDERAL AID PROJECT NO.: 7 - 8 9 CITY PROJECT I+IUM13ER: 10 11 OWNER:_ 12 13 CONSULTING_ENGIEtEER: 14 15 16 17 18 19 DATE OF ADDENDUM: 20 21 DATE OF BID OPENING: 22 23 INSTRUCTION TO BIDDERS: 24 25 700 27 1. Clarifications 000515-1 ADDENDA Paget of2 T 1� i1 l,I110 &A 91 10 MW Wayfnding Sign Installations CSJ: 0902 48 802 STP 2003 (528) MM 302825 City of Fort Worth Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, Texas 76102 TBPE Firm No. F-928 (817)335-6511 May 19, 2014 May 22, 2014 No. 2 on Section 00 4100, Bid Form, Page 3 of 3 of the Project 28 a. The requirement for prospective bidders to be prequalified with TxDOT has 29 been waived. Prospective bidders will still need to meet the City 30 prequalification requirements set forth in section 00 45 11 "Bidders 31 Prequalifications" of the Project Manual. 32 b. The prospective bidder will need to have a FEIN number by bid opening. These 33 numbers may take up to 30 days to publish, so bidders may be asked to provide 34 proof of obtaining this number if it is not published at the time of bid opening. 35 c. Bidders need to have a Texas Taxpayer Identification Number by bid opening as 36 stated in section 00 45 11 of the Project Manual. 37 39 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 000515-2 ADDENDA Page 2 of 1 This addendum is being conveyed to all plan holders via e-mail and City's BuzzSaw website. E- 2 mail delivery receipts shall constitute notification and receipt of this addendum. Failure to return 3 a signed copy of this addendum with the Proposal shall be grounds for rendering the bid non- 4 responsive. A signed copy of this addendum shall be placed into the Proposal at ttl� time of bid 5 submittal. / Ii 7 9 9 10 11 12 Project Manager, City of Fort Worth C�pa� : unT�n raphics, Inc. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed proposals for the construction of Wayfinding Sign Installations, City Project No. 302825, 5 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth, Texas 76102 11 until 1:30 P.M. CST, Thursday, May 22, 2014, and proposals will be opened publicly and read 12 aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 Installation of vehicular and pedestrian wayfmding signs in the Downtown, Cultural, and 16 Stockyard Districts. The major work will consist of the following items: 17 18 Sign fabricating and sign installations including foundations when called for in the plans. 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City and TxDOT at the time of bid opening. The procedures for qualification and 23 pre -qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at httn://www.fortworth2ov.ora/E)urchasina/ and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 29 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 30 suppliers. 31 32 Hard copies of the Plans and Project Manual will not be available for purchase. 33 34 PREBID CONFERENCE 35 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 36 BIDDERS at the following location, date, and time: 37 DATE: Thursday, May 8, 2014 38 TIME: 11:00 A.M. 39 PLACE: Pre -Council Chambers 40 41 LOCATION: City Hall - 2nd Floor 42 1000 Throckmorton St. 43 Fort Worth, Texas 76102 44 45 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 46 City reserves the right to waive irregularities and to accept or reject bids. 47 48 49 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 001113-2 INVITATION TO BIDDERS Page 2 of 2 FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from grants. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Randy Hutcheson, City of Fort Worth Email: Randy.Hzitcheson@,fortworthtexas.gov Phone: 817-392- 8008 AND/OR Attn: Brian Shamburger, P.E., Kimley-Horn and Associates, Inc. Email: brian.shamburp-er i ,kmley-liorn.com Phone: 817-335-6511 ADVERTISEMENT DATES April 24, 2014 May 1, 2014 19 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 002113-1 INSTRUCTIONS TO BIDDERS Page I of 10 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Each Bidder, must be prepared to submit to City prior to bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.1.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2014 (Section 12) Wayfinding Sign Installations City Project No. 302825 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 3.2. The City reserves the right to require any pre -qualified contractor who is the apparent 2 low bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction 5 schedule, to assist the City in evaluating and assessing the ability of the apparent low 6 bidder(s) to deliver a quality product and successfully complete projects for the amount 7 bid within the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be 10 grounds for rejecting the apparent low bidder as non -responsive. Affected contractors 11 will be notified in writing of a recommendation to the City Council. 12 13 3.3. In addition to prequalification, additional requirements for qualification may be 14 required within various sections of the Contract Documents. 15 16 3.4. Special qualifications required for this project include the following: wayfnding sign 17 fabrication and installation. 18 19 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 20 21 4.1. Before submitting a Bid, each Bidder should: 22 23 4.1.1. Examine and carefully study the Contract Documents and other related data 24 identified in the Bidding Documents (including "technical data" referred to in 25 Paragraph 4.2. below). No information given by City or any representative of 26 the City other than that contained in the Contract Documents and officially 27 promulgated addenda thereto, shall be binding upon the City. 28 29 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local 30 and site conditions that may affect cost, progress, performance or furnishing of 31 the Work. 32 33 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 34 progress, performance or furnishing of the Work. 35 36 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 37 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal 38 Regulations, Department of Transportation, Subtitle A, Office of the Secretary, 39 Part 21, Nondiscrimination in Federally -assisted programs of the Department 40 of Transportation issued pursuant to such Act, hereby notifies all bidders that it 41 will affirmatively insure that in any contract entered into pursuant to this 42 advertisement, minority business enterprises will be afforded full opportunity 43 to submit bids in response to this invitation and will not be discriminated 44 against on the grounds of race, color, or national origin in consideration of 45 award. 46 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2014 (Section 12) 0021 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.5. 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 3 existing surface or subsurface structures at the Site (except Underground 4 Facilities) that have been identified in the Contract Documents as containing 5 reliable "technical data" and (ii) reports and drawings of Hazardous 6 Environmental Conditions, if any, at the Site that have been identified in the 7 Contract Documents as containing reliable "technical data." 8 9 4.1.6. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2014 (Section 12) 0021 13 - 4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous 2 to the site which have been utilized by City in preparation of the Contract 3 Documents. The logs of Soil Borings, if any, on the plans are for general 4 information only. Neither the City nor the Engineer guarantee that the data 5 shown is representative of conditions which actually exist. 6 7 4.2.2. those drawings of physical conditions in or relating to existing surface and 8 subsurface structures (except Underground Facilities) which are at or 9 contiguous to the site that have been utilized by City in preparation of the 10 Contract Documents. 11 12 4.2.3. copies of such reports and drawings will be made available by City to any 13 Bidder on request. Those reports and drawings may not be part of the Contract 14 Documents, but the "technical data" contained therein upon which Bidder is 15 entitled to rely as provided in Paragraph 4.02. of the General Conditions has 16 been identified and established in Paragraph SC 4.02 of the Supplementary 17 Conditions. Bidder is responsible for any interpretation or conclusion drawn 18 from any "technical data" or any other data, interpretations, opinions or 19 information. 20 21 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 22 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 23 exception the Bid is premised upon performing and furnishing the Work required by 24 the Contract Documents and applying the specific means, methods, techniques, 25 sequences or procedures of construction (if any) that may be shown or indicated or 26 expressly required by the Contract Documents, (iii) that Bidder has given City written 27 notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents 28 and the written resolutions thereof by City are acceptable to Bidder, and when said 29 conflicts, etc., have not been resolved through the interpretations by City as described 30 in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to 31 indicate and convey understanding of all terms and conditions for performing and 32 furnishing the Work. 33 34 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 35 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 36 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 37 Documents. 38 39 5. Availability of Lands for Work, Etc. 40 41 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 42 access thereto and other lands designated for use by Contractor in performing the Work 43 are identified in the Contract Documents. All additional lands and access thereto 44 required for temporary construction facilities, construction equipment or storage of 45 materials and equipment to be incorporated in the Work are to be obtained and paid for 46 by Contractor. Easements for permanent structures or permanent changes in existing 47 facilities are to be obtained and paid for by City unless otherwise provided in the 48 Contract Documents. 49 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2014 (Section 12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0021 13 - 5 INSTRUCTIONS TO BIDDERS Page 5 of 10 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m. CST, the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. The only method to ask questions for this project will be via e-mail: Attn: Randy Hutcheson, Planning and Development Department Email: randy.hutcheson@fortworthtexas.gov 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at htti)://fortworthtexas. aov/purchasing/. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2014 (Section 12) Wayfinding Sign Installations City Project No. 302825 0021 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of 2 Award have been satisfied. If the Successful Bidder fails to execute and deliver the 3 complete Agreement within 10 days after the Notice of Award, City may consider 4 Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder 5 will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. 6 The Bid Bond of all other Bidders whom City believes to have a reasonable chance of 7 receiving the award will be retained by City until final contract execution. 8 9 8. Contract Times 10 11 The number of working days within which, or the dates by which, Milestones are to be 12 achieved in accordance with the General Requirements and the Work is to be completed and 13 ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference 14 to the attached Bid Form. 15 16 9. Liquidated Damages 17 18 Provisions for liquidated damages are set forth in the Agreement. 19 20 10. Substitute and "Or -Equal" Items 21 22 The Contract, if awarded, will be on the basis of materials and equipment described in the 23 Bidding Documents without consideration of possible substitute or "or -equal" items. 24 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 25 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 26 City and Project Designer, application for such acceptance will not be considered by City 27 until after the Effective Date of the Agreement. The procedure for submission of any such 28 application by Contractor and consideration by City and Project Designer is set forth in 29 Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in 30 Section 01 25 00 of the General Requirements. 31 32 11. Subcontractors, Suppliers and Others 33 34 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 35 12-2011 (as amended), the City has goals for the participation of minority business 36 and/or small business enterprises in City contracts. A copy of the Ordinance can be 37 obtained from the Office of the City Secretary. The Bidder shall submit the DBE 38 Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver 39 Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form 40 as appropriate. The Forms including documentation must be received by the City no 41 later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The 42 Bidder shall obtain a receipt from the City as evidence the documentation was 43 received. Failure to comply shall render the bid as non -responsive. 44 45 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 46 or organization against whom Contractor has reasonable objection. 47 48 49 50 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2014 (Section 12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 0021 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 10 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink or typed, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2014 (Section 12) Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission Requirements 13.1. Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 13.2. Submittals required in Section 00 45 11, BIDDERS PREQUALIFICATIONS shall be submitted by the bid opening date and time to the designer: Corbin Design c/o Mary Lou Piehl Project Manager 109 East Front Street, Suite 304 Traverse City, MI 49684 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2014 (Section 12) Wayfinding Sign Installations City Project No. 302825 0021 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 10 2 17. Evaluation of Bids and Award of Contract 3 4 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 5 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 6 and to reject the Bid of any Bidder if City believes that it would not be in the best 7 interest of the Project to make an award to that Bidder, whether because the Bid is 8 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 9 meet any other pertinent standard or criteria established by City. City also reserves 10 the right to waive informalities not involving price, contract time or changes in the 11 Work with the Successful Bidder. Discrepancies between the multiplication of units 12 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 13 between the indicated sum of any column of figures and the correct sum thereof will 14 be resolved in favor of the correct sum. Discrepancies between words and figures 15 will be resolved in favor of the words. 16 17 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion 18 exists among the Bidders, Bidder is an interested party to any litigation 19 against City, City or Bidder may have a claim against the other or be engaged 20 in litigation, Bidder is in arrears on any existing contract or has defaulted on 21 a previous contract, Bidder has performed a prior contract in an 22 unsatisfactory manner, or Bidder has uncompleted work which in the 23 judgment of the City will prevent or hinder the prompt completion of 24 additional work if awarded. 25 26 17.2. Prospective bidders must obtain at least ten (10) points based on the Evaluation 27 Matrix as specified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 28 Bidders who have at least ten (10) points will be considered responsive. 29 30 17.3. City may consider the qualifications and experience of Subcontractors, Suppliers, and 31 other persons and organizations proposed for those portions of the Work as to which 32 the identity of Subcontractors, Suppliers, and other persons and organizations must 33 be submitted as provided in the Contract Documents or upon the request of the City. 34 City also may consider the operating costs, maintenance requirements, performance 35 data and guarantees of major items of materials and equipment proposed for 36 incorporation in the Work when such data is required to be submitted prior to the 37 Notice of Award. 38 39 17.4. City may conduct such investigations as City deems necessary to assist in the 40 evaluation of any Bid and to establish the responsibility, qualifications, and financial 41 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 42 organizations to perform and furnish the Work in accordance with the Contract 43 Documents to City's satisfaction within the prescribed time. 44 45 17.5. Contractor shall perform with his own organization, work of a value not less than 46 30% of the value embraced on the Contract, unless otherwise approved by the City. 47 48 17.6. If the Contract is to be awarded, it will be awarded to lowest responsible and 49 responsive Bidder whose evaluation by City indicates that the award will be in the 50 best interests of the City. 51 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April I, 2014 (Section 12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0021 13 - 10 INSTRUCTIONS TO BIDDERS Page 10 of 10 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required member of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2014 (Section 12) Wayfinding Sign Installations City Project No. 302825 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. httr)://www.ethics.state.tx.us/forms/CIQ.r)df httD://www.ethics.state.tx.us/forms/ClS.r)df CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: Bunting Graphics, Inc. 20 River Road Verona, PA 15147-1159 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 By- Joseph P unting Signature. 0 Title: President ProposalAs 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Wayfinding Sign Installations City Project No.: 302825 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. n/a CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Wayrinding Sign Installations Form Revised 20120327 City Project No. 302825 0041 00 BID FORM Page 2 of 3 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 171 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. MWBE Forms (optional at time of bid) e. Conflict of Interest Affidavit, Section 00 35 13 "If necessary, CIQ or CIS forms are to be provided directly to City Secretary f. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid Additive Alternate Total Bid 7. Bid Submittal This Bid is /Submitted on y: I. (S gnature) Joseph P. Buntina (Printed Name) Title: Presiden Company: Bunting Graphics, Inc. Address: 20 River Road CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 $498, 560.16 $46,862.28 $545,422.04 May 21, 2014 by the entity named below. Receipt is acknowledged following Addenda: (Addendum No. 1: 5/16/2014 Addendum No. 2: 5/20/2014 Addendum No. 3: Addendum No. 4: I Corporate Seal: of the1 �rlitial L Wayinding Sign Installations City Project No. 302825 0041 00 BID FORM Page 3 of 3 Verona, PA 15147-1159 State of Incorporation: Pennsylvania Email: iodv0buntinaaraDhics.com Phone: 412-423-0240 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Wayfinding Sign Installations Form Revised 20120327 City Project No. 302825 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Infonnation 00 42 43 BID PROPOSAL Page 1 or 1 Bidder's Application Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1 MOBILIZATION 5002001 LS 1 3,638.25 3,638.25 2 BARRICADES, SIGNS AND TRAFFIC HANDLING 5022001 MO 9 1,864.00 16,776.00 3 GX-1A LARGE VEHICULAR GUIDE, ONE PANEL 2213-2001 EA 19 3,404.72 64,689.68 4 GX-113 LARGE VEHICULAR GUIDE, TWO PANEL 2213-2002 EA 32 4,348.94 139,166.0E 5 KX-1 PEDESTRIAN KIOSK 2213-2003 EA 29 3,346.55 97,049.95 6 GX-2 VEHICULAR GUIDE, THREE MSG 2213-2004 EA 45 3,754.56 167,955.20 7 KX-1R PEDESTRIAN KIOSK, RETROFIT -MAP PANEL 2213-2005 EA 1 2,300.00 2,300.00 8 TEMPORARY SEDIMENT CONTROL FENCE INSTL 1122-2037 LF 1500 3.24 4,860.00 9 TEMPORARY SEDIMENT CONTROL FENCE REMOV 1122-2057 LF 1500 .75 1,125.00 Total Base Bid 498,560.16 Additive Alternate Bid IIX-1 PARKING IDENTIFIER I 2213-2006 1 EA 1 18 12,6U3.46 46,862.281 Total Additive Alternate Bidl 46.862.28 Total Bidl 545,422.041 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Wayfinding Sign Installations Farm R., isW 20120120 City Project No. 302825 Corporations Section P.O.Box 13697 Austin, Texas 78711-3697 Office of the Secretary of State May 19, 2014 Attn: William Michael Kerns William Michael Kerns 20 River Road Verona, PA 15147 USA RE: Bunting Graphics, Inc. File Number: 5019917e7 Nandita Berry Secretary of State It has been our pleasure to file the application for registration and issue the enclosed certificate of filing evidencing the authority of the foreign for -profit corporation to transact business in Texas. Unless exempted, the foreign entity is subject to state tax laws, including franchise tax laws. Shortly, the Comptroller of Public Accounts will be contacting the entity at its registered office for information that will assist the Comptroller in setting up the franchise tax account for the foreign entity _information about franchise tax, and contact information for the Comptroller's office, is available on their web site at httn://window.state.tx_.us/taxinfo/franchise/index.html. The registered foreign entity is not required to file annual _reports with the Secretary of State. An application for amended registration must be filed with the Secretary of Mate if the foreign entity changes its name, changes the purposes to be pursued in Texas, or changes the assumed name it elected to use on its application for registration. It is important for the foreign entity to continuously Maintain a registered agent and office in Texas. Failure to maintain an agent or office or file a change to the information in Texas may result in the revocation of the entity's registration by the Secretary of Mate. If we can be of fiirther service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division (512) 463-5555 Enclosure Conte visit us on the intet�net at http:!/x,ww.sos. state. tx. us/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Clarissa Rodriquez TID: 10292 Document: 544954570002 Corporations Section g p P.®.Box 13697 �f Austin, Texas 78711-3697 Nandita Berry Secretary of State (Office of the Secretary of eats CERTIFICATE OF FILING OF Bunting Graphics, Inc. File Number- 801991787 The undersigned, as Secretary of State of Texas, hereby certifies that an Application for Registration for the above named Foreign For -Profit Corporation to transact business in this Mate has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of Mate, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing the authority of the, entity to transact business in this Mate from and after the effective date shown below for the purpose or purposes set forth in the application under the name of Bunting Graphics, Inc. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated. 05/16/2014 Effective: 05/16/2014 Nandita Berry Secretary of Mate Come visit us on the internet athttp:!/ivi",w.sos.state. tx.usi Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Clarissa Rodriquez TID: 10308 Document: 544954570002 oFra 301 ;Secretary of State P.O. Box 13697 Austin, TX 73711-3697 ;PAX: 512/463-5709 ;riling Fee: $750 Corporati. n 1. The entity is a foreign for -profit corporation. The name of the entity is : Bunfina Granhicso 9nce Filed in the Office of the Secretary of State of Texas Filinga 8019917117 05/ l6l2®14 Document §e 544954570002 Image Generated Electronically for Web Filing 2A. The name of the corporation in its jurisdiction of formation does not contain the word "corporation," "company," "incorporated," or "limited" (or an abbreviation fhereo0. The name of the corporation with the word or abbreviation which it elects to add for use in Texas is: 28. If the corporate name is not available in Texas, then set forth the name under which the corporation will qualify and transact business in Texas: 3. Its federal employer identification number is:`I��� W Federal employer identification number is not available at this time. 4.. It is incorporated under the laws of- pENNSYLVAHPA, USA and the date of its formation in that jurisdiction is: 8/9/1980 5. As of the date of riling, the undersigned certifies that the foreign corporation currently exists as a valid corporations under the laws of the jurisdiction of its formation. 6. The purpose or purposes of the corporation that it proposes to pursue in the transaction of business in Texas are set forth below. The entity also certifies that it is authorized to pursue such stated purpose or purposes in the state or country under which it is organized. lns'lallation of CommrereW Signs and Architectural Metals 7. The date on which the foreign entity intends to transact business in Texas, or the date on which the foreign entity first transacted business in Texas is: 06/01/2014 6. The principal office address of the corporation is: 20 River -Road, Verona,_ PPLtq USA 16147 P 9A. The initial registered agent is an organization by the name of: The Traub Cava Obeice P.C. 19B. The initial registered agent is an individual resident of the state whose name is: r9c. The business address of the registered agent and the registered office address is: 771 9 Wood Hollow Drive - Suite 200 Austin TX 78731 Consent o5 Regis ereA aA--a�eoil, A. A copy of the consent of registered agent is attached. OR WB. The consent of the registered agent is maintained by the entity. 10. The corporation hereby appoints the Secretary of State of Texas as its agent for service of process under the circumstances set forth in section 5.251 of the Texas Business Organizations Code. 11. The name and address of each person on the board of directors is: ;Director 1: Joshua P Bunting Address: 20 Raver Road Verona PA, USA 15147 y .Director 2: Joseph _- P_ Bun tkrq _ ;Address: �� �i�err �3® �_ Verona P& USA IS � 'The attached addendum, if any, is incorporated herein by reference.] — -- - --- ----ri --- — - A. This document becomes effective when the document is filed by the secretary of state. OR IJB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Date: May 16, 2014 Waflaa-m M. Kerns, CFO Signature and title of authorized person on behalf of the foreign entity FILING OFFICE COPY 00 43 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here called the Principal, and (Surety Name) Surety Name Here hereinafter a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Wayfinding Sign Installations 0 NOW, THEREFORE, if the Obligee 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 Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of By: Company Name Here *By: Surety Name Here 12014. (Signature and Title of Principal) (Signature of Attorney -of -Fact) *Attach Power of Attorney (Surety) for Attorney -in -Fact END OF SECTION Impressed Surety Seal Only CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Wayfinding Sign Installations Form Revised 20110627 City Project No. 302825 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 1 d. Through responses provided in Statement of Qualification and Experience, 2 bidder exhibits they have the necessary staffing level, production capacity and 3 project management to successfully compete this project. [3 possible points 4 available] 5 (1) 0 points: No evidence shown that bidder can successfully complete 6 project 7 (2) 1-3 points: Bidder demonstrate some of the elements needed for timely, 8 and successful completion of this project 9 10 In order for submitted bids to be considered, the bidder must receive at least ten (10) points 11 on the evaluation matrix. 12 13 Additional information required for submission includes: 14 15 a. A certified copy of the firm's organizational documents (Corporate Charter, Articles 16 of Incorporation, Articles of Organization, Certificate of Formation, LLC 17 Regulations, and Certificate of Limited Partnership Agreement). 18 b. The firm's Texas Taxpayer Identification Number as issued by the Texas 19 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number 20 visit the Texas Comptroller of Public Accounts online at the following web address 21 www.window.state.tx.us/taxDennit/ and fill out the application to apply for your 22 Texas tax ID. 23 c. The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the 24 City for required reporting on Federal Aid projects. The DUNS number may be 25 obtained at www.dnb.com. 26 d. Other information as requested by the City. 27 28 3. Statement of Qualifications (Must be submitted with the Bid to be considered 29 responsive) 30 31 a. The following information shall be provided in the Statement of Qualifications. The 32 Statement of Qualifications shall be limited to 10 pages). 33 34 (1) SHOP DRAWINGS: Describe your shop drawing creation process, including an 35 understanding of the process your shop goes through to properly engineer the 36 sign for wind load, footing support, etc. Attach a shop drawing for vehicular 37 guide sign from a previously implemented project. The shop drawing sample 38 should involve the same level of detail that is required for the Fort Worth 39 wayfinding project. Sample shop drawing is to be sent to the Project Designer 40 with the Statement of Qualification. 41 42 (2) KEYSTROKE PROOF: Attach a keystroke proof for a vehicular guide sign that 43 you created for previous project. Keystroke proofs are to be in -position 44 composition proofs. Keystroke proofs are to be scaled but not full sized. Sample 45 keystroke proof is to be sent to the Project Designer with the Statement of 46 Qualification. 47 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 0045 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 4 (3) SIGN Sample: One sample sign segment is to be prepared by the Bidder. This sample is to accurately reflect the same fabrication methods and materials required in the design drawings. Artwork for the sign sample segment is in the attached .pdf. Sign Sample is to be sent to the Project Designer with the Statement of Qualification. (4) ORGANIZATIONAL CHART: Attach an organizational chart to depict how this project will be managed within your firm, including resumes for your key project management staff who will be assigned to this project. (5) MEETING TIMELINE: Describe the capacity of your staff and their ability to perform the work in a timely manner, relative to present workload and the availability of the assigned staff. (6) PLANT EQUIPMENT: Outline your shop's capabilities in terms of plant square footage and equipment. (7) SUBCONTRACTORS: If awarded this project, will you utilize the services of a subcontractor for any areas of fabrication of this project? (Yes or No) 1. Explain and list significant subcontractors. (8) RELEVANT LITIGATION/INVESTIGATIONS: Describe any current lawsuits, legal actions or governmental investigations against your company including, but not limited to, parties of dispute, any equipment affected, cause of action, jurisdiction and date of legal complaint. Include in this section any problems that your firm or its personnel have experienced pertaining to training, licensing or certification in the past five (5) years. 4. Business References (Must be submitted with the Bid to be considered responsive) a. Bidders shall furnish the following information with their bid, for at least three (3) architectural exterior signage projects completed within the last five years. Within the scope description, please confirm whether you were able to meet the timeline set forth by the client, and if not, what actions were taken to remedy the delay. Attach implemented photos for each project, if available. A minimum of one municipal (city) project must be included. The City and/or Project Designer may contact the references listed. (1) Project Name (2) Company Name (3) Contact Name and Phone (4) Number of years the firm has been in business (5) Dollar amount spent on the project (6) Scope/year completed. 5. Contact Information a. All the above information shall be sent to the Project Designer prior to the bid opening date and time. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0045 11 -4 BIDDERS PREQUALIFICATIONS Page 4 of (1) Corbin Design c/o Mary Lou Piehl 109 East Front Street, Suite 304 Traverse City, MI 49684 6. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. 16 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 8 318" 3/8" radius V-6• Front View: 1/2 scale Counter sunk screws are an acceptable mechanical mounting option. 3" Any exposed fasteners are to be painted to match background. MESSAGE PANEL MOUNTING BRACKET 2„ 12" diameter round 1/8" thick break -formed aluminum plate I t--@ aluminum tube plug -welded to Message Panel. Top View: 1/4 scale Back View: 1/4 scale Side View: 1/4 scale ® FULL FACE REFLECTIVE BACKGROUND DETAIL Sample of full face reflective vinyl layering a— OrEo18300 •Y ; TransparentGCal 07 073 Dark Grey -�n -- ORALITE series 5800 High Intensity reflective sheeting MESSAGE PANEL 3/16" thick aluminum panel welded to Message Panel Mounting Bracket. Surface applied high mtenslly rellxtive sheeting with transparent overial/. Back side Is painted 0 ® Architectural Bronze MP06013 Cast Bronze Satin Finish ® White Reflective ORALITE series 5800 High Intensity reflective sheeting i ® Metallic Silver MP20060 Light Taupe Metallic Soon Finish 1 AW� ® Dark Grey Reflective Orxml 8300 Transparent Cal 073 Dark Grey applied over ORALITE series 5800 High Intensity reflective sheeting Fort Worth Bid Sample sol: See notes on sheet (on an 11 x 17 sheet) NOTE NOTE REGARDING FONT AND ARROW ARTWORK This is an unsecured PDF file and the text has been converted to outlines. The production artwork can be extracted directly from this layout. Notes This dewing Is design -Intent only. Fabricator is responsible for fabrication and overall level of quality. Any change,. In design, materials, fabrkatbn method or other detalls must be approved by Corbin ii Design and the City of Fort worth, TX. Dote Deccrlption 02.14.14 Bid Sample Client City of Fort Worth Texas corbin I109 East Front Suite 304 Traverse City, MI 49684 231 947.1236 \�❑kmley-Horn and Associates, Inc. 801 Cherry Street, Unit 11 Suite 950 Fort Worth, TX 76102.6811 2 3 4 5 6 7 8 9 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 302825. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: % w1} v\ck C-nTa,\ti,\CS Company T Address ve vorwa . T�f \5\'A--1 City/State/Zip THE STATE OF4���n�nsy�vania§ COUNTY OF � § By: Yv\� �� . XY\S (Please Print Signature: Title: C.V. G (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared h� *\ \V ar,r) M . kQMS , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of CaMoncy w-vkin I x� <ors Corm?. 1 e-Aw for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r`A day of �P Yj-CX , 20]t-. N/M-t� 17, 11ry Public in and or the State "Fer�r�lua�n�a END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Cynthia Tavarez, Notary Public Verona Boro, Allegheny County My Commission Expires March 12, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Wayfinding Sign Installations City Project No. 302825 004542-1 DISADVANTAGED BUSINESS ENTERPRISES GOAL Page 1 of 1 1 SECTION 00 45 42 2 DISADVANTAGED BUSINESS ENTERPRISES GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the DBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the DBE 6 subcontracting goal is not applicable. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 POLICY STATEMENT It is the policy of the City of Fort Worth and TxDOT to ensure the full and equitable participation by Disadvantaged Business Enterprises (DBE) in the procurement of all goods and services. All requirements and regulations of TxDOT and those stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. DBE PROJECT GOAL The City's DBE goal on this project is 4% of the total bid. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a DBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated DBE goal through DBE subcontracting participation, or 2. Meet or exceed the above stated DBE goal through DBE Joint Venture participation, or 3. Good Faith Effort documentation, or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the M/WBE Office at (817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the DBE documentation in person to the appropriate employee of the Managing Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if no DBE participation: the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will I received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. I the bid opening date, exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project Number - 302825 Revised January 24, 2014 00 52 43 -1 Agreement Page 1 of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on JUL 2 2 2014 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 Bunting Graphics, Inc., authorized to do business in Texas, acting by and through 6 its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Wayfindings Sign Installations 16 City Project No. 302825 17 2.1 Building Code Fees. 18 Fees assessed in accordance with Section 119, Table 1-B of the Fort Worth Building 19 Code for the project shall be waived. 20 A. Fees. 21 Fees assessed in accordance with Section 119, Table 1-11 of the Fort Worth Building Code 22 shall be exempt. 23 Article 3. CONTRACT TIME 24 3.1 Time is of the essence. 25 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 26 Documents are of the essence to this Contract. 27 3.2 Final Acceptance. 28 The Work will be complete for Final Acceptance within 171 days after the date when the 29 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 30 3.3 Liquidated damages 31 Contractor recognizes that time is of the essence of this Agreement and that City will 32 suffer financial loss if the Work is not completed within the times specified in Paragraph 33 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 34 General Conditions. The Contractor also recognizes the delays, expense and difficulties 35 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 36 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 37 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 38 City Six Hundred Ten and no/100 Dollars ($610.00) for each day that expires after the 39 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 40 of Acceptance. CITY OF FORT WORTH Wayfindings Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 00 52 43 - 2 Agreement Page 2 of 4 1 Article 4. CONTRACT PRICE 2 City agrees to pay Contractor for performance of the Work in accordance with the Contract 3 Documents an amount in current funds of Four Hundred Ninety -Eight, Five Hundred Sixty 4 and 16/100 Dollars ($498,560.16). 5 Article 5. CONTRACT DOCUMENTS 6 5.1 CONTENTS: 7 A. The Contract Documents which comprise the entire agreement between City and 8 Contractor concerning the Work consist of the following: 9 1. This Agreement. 10 2. Attachments to this Agreement: 11 a. Bid Form 12 1) Proposal Form 13 2) Vendor Compliance to State Law Non -Resident Bidder 14 3) Prequalification Statement 15 4) State and Federal documents (project specific) 16 b. Current Prevailing Wage Rate Table 17 c. Insurance ACORD Form(s) 18 d. Payment Bond 19 e. Performance Bond 20 f. Maintenance Bond 21 g. Power of Attorney for the Bonds 22 It. Worker's Compensation Affidavit 23 i. MWBE Commitment Form 24 3. General Conditions. 25 4. Supplementary Conditions. 26 5. Specifications specifically made a part of the Contract Documents by attachment 27 or, if not attached, as incorporated by reference and described in the Table of 28 Contents of the Project's Contract Documents. 29 6. Drawings. 30 7. Addenda. 31 8. Documentation submitted by Contractor prior to Notice of Award. 32 9. The following which may be delivered or issued after the Effective Date of the 33 Agreement and, if issued, become an incorporated part of the Contract Documents: 34 a. Notice to Proceed. 35 b. Field Orders. 36 c. Change Orders. 37 d. Letter of Final Acceptance. 38 39 CITY OF FORT WORTH Wayfindings Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 00 52 43 - 3 Agreement Page 3 of 4 1 Article 6. INDEMNIFICATION 2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of, or alleged to arise out of, the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is alleged or proven that all or some of the damages being 8 sought were caused, in whole or in part, by anv act, omission or negligence of the citv. 9 This indemnity provision is intended to include, without limitation, indemnity for 10 costs, expenses and legal fees incurred by the city in defending against such claims and 11 causes of actions. 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 14 the city, its officers, servants and employees, from and against any and all loss, damage 15 or destruction of property of the city, arising out of, or alleged to arise out of, the work 16 and services to be performed by the contractor, its officers, agents, employees, 17 subcontractors, licensees or invitees under this contract. This indemnification 18 provision is specifically intended to operate and be effective even if it is alleged or 19 proven that all or some of the damages being sought were caused. in whole or in part, 20 by anv act, omission or negligence of the city. 21 22 Article 7. MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon CITY and 37 CONTRACTOR. 38 7.5 Governing Law and Venue. 39 This Agreement, including all of the Contract Documents is performable in the State of 40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 41 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Wayfindings Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 00 52 43 - 4 Agreement Page 4 of 4 1 7.6 Other Provisions. 2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 3 classified, promulgated and set out by the City, a copy of which is attached hereto and 4 made a part hereof the same as if it were copied verbatim herein. 5 7.7 Authority to Sign. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: City of Fort Worth �L1rrh�n _ C-�rrt� h►c� , Inc . / By: /7iVl44,0� t��F Fernando Costa By: r ^ ` Assistant City Manager (Signature) Date / Attest: City Secretary (Seal) 1r•l � ll r cAsm M . KP c Ylt (Printed Name) Title: e F. v . Address: 2.0 :\,qtx- Y-L-rA,d e K can a Pr i 5 4-�1 M&C _ Z�i�'i 6 Z- Date: ZZ -- t y City/State/Zip: Vewnct _ ppt 15 \ar-1 rove to Form and Legality CA13114 1 Date ouglas W. Black Assistant City Attorney ®FFIC1AL RECORD CIT-' SECRETARY FT. WORTH, TX DIRECTOR, Planning an CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 .� v W, o0 ° Wayfrndings Sign Installations City Project No. 302825 0061 13 1 MAI RNIKKE W VD lygc I nJ` i I NECITON 00 6 t 1.3 2 PE1U--ORjVLAdN1(--'E BOND 3 Bond No. B0354750 5 L3 KNCAV ALL, TV TELL 314 IS" 6 U) Vjl11'1`111 (114114, T!kdll R'UUP-"F 7 8 ThM we, lImAg Gmphic,'s, lnr'., known as "P) n I c� ip,9 I hc�-Wei-n and The Cincinnati Insurance Company a collponate it inni-e thaii 10 ( 1-I'll) d nly aw Irm Led to do bmhmss in the Stbae ot"I'exas., known as horu-in (whel hor olle 11 or more), are held and Wdy bound unto An Oy of'Forl Worth, a coi-por,1600 ereaik,,d 12 pwsmut to the laws of T%= known as "C'i!y' herein, in tire per)EII surn of FOU-IR HUNDRED I 'D Sr"CTY AND 16/100 laiwful 1:3 J-�,'U-OFTY-EIGHT, FIVE, RUI�DRI 14 money of the Wad Stares, to be paid in Fort Worth, 'Farrant County, Texas for idle pay-jueiu OF 15 mAkh stun vvell and hul-v to be made, ive bind o=dves, out- bc,,irs, exeeutors, adn)iorisuaiurs, 16 snecessors and assign" joilitly aild severalty, lFirnfly by pivsenis- 17 1TUVERWIS, the Prinei-pal has emard into a certain vv'jilten -with dic, (-'ity 19 awarded the 22nd, day of ____juLv 0 0-14—, C'OFIb'aci is bs"etY tip tuld 19 made a yw ficreot R)i Ell1 putposes fis if"FI-111y s('t lord, Wish, to Rani all maievials, 20 Abu and other aci'es,,,ories deli( e�-J by law, in Hie proseculLjOrl Of the, %V01-k-, inC111011ill?, ally C'hollg"� 21 Ordrxiv, as provided foi in said Witact deNygitated as zyfhiedQ2 Sigra ASSINN"Ps, 20 ,2 Yo Me cabOm or dis obhQon is such th.al if i,i;'. -,,Aid J'1 incipal is diaN WhIbUy peAmni h oblyahom under fho Conins, and shal! Un Al ivMmyty dun, ond: 26 HWAY n Purfon To VICK, iuckling !!"Idei hr (onlrao, 27 spPoiWahniX and cunbod dxwwnv;W WWI rdand W4 am! as "vH duding aviy Pul ()d (-,i '-'i�jaq gay be ymnwd on Ow pad or Hic Wy, Wen AN Wkgavlon SO W�- an J h !ecoine and and voK Mhyv,;is�: 60 n� fid) '!'03-4T bUd i j. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4-2 43 0061 13 - 2 PERFORMANCE BOND Page 2 of 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this inst<-ument by duly authorized agents and officers on this the 9th day of September 52014 . ATTEST: (Principal) Secretary Witne to Princ pal COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Marjorie R. Germanowski, Notary Public Verona Boro. Allegheny County My Commission Expires June 20, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 4 i ZZ � - Witness as to Surety Brett L. Cuckler CATY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 3(ly 1, 2011 PRINCIPAL: Bunting Graphics, Inc. BY: igna e 'f0s11Ljj4 FP %3���1 T► N�. Name and Title Address: _20_River_Road_ — Var-ona- --P9—155147 SURETY: -Cmipany . BY: t IU OL Signature Thomas_J.—PhilbiD ;_Attorney-In-gact- Name and Title Address: P.O. Box 145496 University Park, PA 16802 Telephone Number: !�2_261_ 1842 III( F, ke-N'l WO)findingr Sign htstallations City Project Alo. 302825 THE CINCINNATI INSURANCE CONIPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Joseph P. Johns, Jr.; Pamela A. Dmitrzak; Darlene A. Billick; Sandra L. Wiemann; Melissa L. Whittier; Thomas J. Philbin and/or Brett L. Cuckler of Pittsburgh, Pennsylvania its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6`h day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7' day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 101h day of May, 2012. c? CORPORATE SEAL HI STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY Vice President On this 10`h day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE CONIPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. S" << MARK J. HULLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration f ate. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. d GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 9th day of September, 2014 CORPORATE 3 Assistant Secretary SEAL .� O H 1 O BN-1005 (51112) 01161 Id - ) PA YAWT MAI P rag I of � I S=1011 00 61 14, 2 PAYNTENT BOND Bond Nb. B0354750 4 Taik: NTATE (NI TEXAS fICPI0i`,-,V AIL,11- BY 3IMSE =SENTO 6 C-OUNTY OfiF T/I_V_RA,1411' Thul Nve. 13un1hg vinphiot We, known as "PHnaipal" heveni, ;aid a MOTOPOU numly The Cincimiat I _ __ i -Invorance-Company- pulaboy, duly uuthorized to d0 'hu"Jil("s ill the Siaio of Texas, 1kjmvm as Ouray" hooki 10 (,x[reiher one turnoicy are hek-I and filo-mj.-y boulld uritc) the City of Yort 'I'vorth., ;I 111(micipol 11 corporalion (!ivafiod pursuant to the laws of the State of 'Ircxls, known cis "city", in Ole 12 pmwl smi of FOUR I-ItUNTIDRED INT-IIE'TY-EIGUT, FP�,FE Hi)NDR-ED si-x,ry io/joo is I—DOLILARS ($4�98.0&Nj lawhd inoney of Lho UnDed StMet to be amid in Pon RQUI; Tarrant j county, rexus, for the payment of "Wh sms arld be inadc..,, vve birld otm. i "'i heirs, cxectitols'. adulinislralors_succt�ssors qjjd assigns, jobOy aid sevoially, Only by drese 16 ps"M 1'/' PrIcyal has onUxed OID a senal ivi-ition COnhad vvil-h Ciy, av,,i(ded 010 18 22al-daY N,lay 11'�'ri-14 "hi("' l-_-'�-)_Iidact is kcieby referred to [uh! madea lart hereof 19 RW all pumoses as if fully Li t collill herein, To flattish ailj mnic-rials, equipmew, lahoi oihfi 20 ,it ucSS06cs as distIvind by iow, its to plvismKii-iii) of[tic Worl, tas piovided for ii? sand Oaniaci ami -1 dosipiaWd as VOyAmMugg Sip WMDaouv&�, l't-ojeci N141, THE Q)NfDlT!01',I OF TI-PS 0Bi_K4'A'j 1( -14Ji flim i 21 nincip! AwU phy all nwnks owhq Lo am, (mid aN) paymoni 1)(ni4+ (ns io tl Owpow R',5.) of ihc�feNnUovnvmcm Cbdo as mnlaidst in Go. pro�,,ceution ofthe mldc�r 25 Me Quinvid, Mai TO KIYOun shall be and becolne !][Ill 'and vcndoflhervvi;iv 4o in fij!.! 16 horce and efibd 1"his bond is mode nu d exesund 61 conyhmas y1h His poWicins of Clispar UP nf 16 NXIA Govmiucwin (_,*u,_I-,=-ziaumadva and zT hab&tks a, IN lumi MaH he devu&wd h; amomwive vJdh 11", plovisiun', ofs,-"i(i swwk. 0061 14 - 2 PAYMENT BOND Page 2 of 2 1 IN WITNESS 'WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the _9th day of 3 September12014 4 PRINCIPAL: Bunting Graphics, Inc. 1 ATTEST: BY: Sigriddre . -- —� 10sH V A j . �oNTi N6� (Principal) Secretary Name and Title Address: 20 River Road �lexona, PA IS 14 Witn s as to Prin pal-- '014AMONWEALTH OF P'-NNSYLVANIr. NOTARIAL .--'AL--*---"-- SURETY: ldariorie R. Germanow :i. IJoi?ry P,e1:iw The Cincinnati Insurance Company _ Verona Boro, All Commission Ex -Ay pi e5 .1uII2 Q;U;LR. PENNSYLVANIA AS YGIAT10s r n Tan,.S ATTEST: BY: _ Signature Thomas J. Philbin. Attorney�-In--Fact (Surety) Secretary Name and Title Witness as to Surety Brett L. Cuckler Address: _p 9,, University ParIC, PA 16802 Telephone Number: 412-261-1842 S 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT NVORTH Woryfindings Sign Installations STANDARD CONSTRUCTION SPECIFICA PION DOCUMENTS 0, Project No. 30282.i Revised July 1, 2011 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Joseph P. Johns, Jr.; Pamela A. Dmitrzak; Darlene A. Billick; Sandra L. Wiemann; Melissa L. Whittier; Thomas J. Philbin and/or Brett L. Cuckler of Pittsburgh, Pennsylvania its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7`h day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10`h day of May, 2012. CORPORATE 1. SEAL OHI STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY Vice President On this 101 day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction -of said corporation. el. SIAL 2, O4 SEy�•. �o O .1W MARK J. HULLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 9th day of September, 2014 ``cc��, 1nl4q�r. I �a CORPORATE 3 Assistant Secretary SEAL O H 1 O BN-1005 (5/12) 0061 19- 1 A (NI j Nlr\ I -INIT D(-)ND FITU 1 '11 SECTION 60 61 0 NIAINTENAINC'-L B0 -M Bond No. B0354750 4 WAR 5 6 TA,--FCP,,,Uk-,'T 7 'Hiat \Vf�' Llunting (3'vlj--03wn bvknuvv37 ii,,; �:Pi-irwi_pd" lioicin and The Cincinnati Insurance Comp any a 00"Imme surdy (Sw6c" if none than ome) duk, audgwkod to do busbies;', bi the We oKna�i(Nji3s c;cin(,,mn1�tJiivoe or MONY are fick! wid Tiny bmwd unlo am (10 of M kAloral' a inunicipA coo-ponation rxented t2 pu-i'soaul tr) thr %% of the SNA of 'Foxas, lcrlown ,n' "0101", tic"'ein, in -the saun O.-F F01-MR I'll I'll NTUNITE-1-Y FAG-111', Frv-13 FFM�IDRE'47,'-1-)' AVID 16/h1 1 §4985=6-). 4;wfd lt?oue-v or tho Unded suiwn to be Paid in Foo Woitlh' Ttanamlt County, 1-1 '-rc.'ias, fior ipayinaw or mon swu wen -wid iroly bf" fnade' oll'u") the City aild its succ'�Ssors' we 16 bind om'hejrs, e?�ouuiojk aGribluMoin, successors anti assigns jokuly wid sevoralo, i fil in N by th cse plvscnts. 19 ffic P14L.cip! Wn unwind iuio a cor[Aiin Av3 iften conww"i with ihf� (-y award,'-'d 20 iit[ 22nd dst,, ()i' h CoAvol is houll, ve,'Ferj'ed te, and a imdf e pol 2 0A �id Aw UH j7i.il1c3t;s ns if My wi foli-11 helvn�to MASI Wi nimcdwsr'-lw] ._.:r oilwi w deftnmi 1whaw, in the "nost"Ck0ion Man clod, Jili'luding �Ijly 'A?odk i.) -Fion! a duk, CljanW; kJor (cWknqhTQ, hnnim Me "Wad-) as 1woAded A- In Kul Z '2 6 2"S 26 WM'K-FU'--S' pri-nk.Jpol buds NwW 6, o(, :4uclj !i3mcAds and to so uoult W the- is 21 amonkno Mh thr plans, s1wWwWs and (bubm"', ifiat dht ","r"'-d,- is -,--ill 2S wnmb) too how dAMIS in mwe" i�!J's ism P A sm! Maj Me junlod j Wo (2) po"s, Aur WAS of jowl wozerAnnco of fin M70, by 0M CRY QUAwamc Paton; Mi'l, MWEAS. PKwAnd buids Ased to ropsh or imumu"ci thik" Vvk"--!-'-'i;i v.'hr+- or i--'i !_uri upon inanivinp numn hum to CRA of 110 num, thaMp A My We 01100 ow 142VOrimicc UOR SO IIUIIITT�)�'WOIRX Use condMon of this Wig', fioll i�-� 11-i'll if primip'll s'11,01 2 1 e n,, e, C 1 y imy dei'Iective. Wotli, jbr wI&I Mely mico was provided by ulty, lo a mopletion IsotjsacI�rto ',10 ,-'ji, Io. diis olinll ),-co j o nl! nd void]� other'vise o in fWl Ave and MO. P A - u JJHLIJEDPI"', if F-61)cipal shall J't.il so io repair oi icccais1wel ttv,/ tinnely 7 to kmd dethutive VV(wk. it is agcood that the C'ily 11"ay causidly aud '11-1 so..'11 de"Jet--Aive N`orI%- ill 8 be aTmind Moi rocoustructed Wh A amociak:d costs Rwreof UpIg Immme by tho PAWA Pad 0) th�- Sm t-I v mod(-f i-bis rvioj I I -i'.'uia.-'nce hcmkdll; 0 11 Cl PRIC-1 VMFFPJ'I'�IKjRITIN3Z, Tat if oil, legal Mimi be fillod km ihis BC)Tld� VeMIC SIM11 hC it) 11tiurn Courty. Tom or Ow LK AM S! Mes Asuici C'ciuf-i: f6i i hc Nh-00honi District of To,,as-' 'Wonih 1),ivision', ,nid PROYMED FURIMIR, that this obligutiwi AaH be comhumas K mus ond SIleccssive; 1'r-comms nmy be had heicon for successive bi-cochcs m In 1 2 3 4 5 6 7 8 9 10 it I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0061 19 - 3 MATNTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 9th September 2014 ATTEST: (Principal) Secretary WitnerEALPTH'OF ipal COMMPENNSYLVANIA NOTARIAL SEAL Marjorie R. Gennanowski, Notary Public Verona Boro. Allegheny County My Commission Expires June 20, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES ATTEST: (Sure Secr Witness as to Surety Brett L. Cuckler PRINCIPAL: day of ja s fr ed 0 A 430 n4 Name and Title Address: 20 River Road Verona, 60F_ The Cincinnati Insurance Company BY: �A Signature V Thomas l �1 lb-in,_9ttorney_In7-Fact Name and Title Address: P.O. Box 145496 hiveraity Park, —PA ]-6802— Telephone Number: 412-261-1842 *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 shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDi%RD CONSTRUCTION SPECIFICATION DOCUN4 NTS Revised July 1, 20)1 IYa}y9ndings Simon hisiallnlions Cite Projeci No, 302825 THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Joseph P. Johns, Jr.; Pamela A. Dmitrzak; Darlene A. Billick; Sandra L. Wiemann; Melissa L. Whittier; Thomas J. Philbin and/or Brett L. Cuckler of Pittsburgh, Pennsylvania its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the United States, up to Ten Million and No/100 Dollars ($10,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 611 day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys -in - Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys -in - Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7' day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Vice President this 10`h day of May, 2012. CORPORATE SEAL Cd STATE OF OHIO ) ss: COUNTY OF BUTLER ) THE CINCINNATI INSURANCE COMPANY Vice President On this 101 day of May, 2012, before me came the above -named Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction -of said corporation. OF MARK J. HULLER, Attorney at Law NOTARY PUBLIC - STATE OF OHIO My commission has no expiration date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still uT fiull force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 9th day of September, 2014 r!-�? ATE 3 Assistant Secretary L H 1 0 BN-1005 (5/12) BUNTI-2 OP ID: MLW CERTIFICATE OF LIABILITY INSURANCE I DA0910812014TE l� 09/08/2014 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(ies) must 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 Henderson Brothers, Inc. 920 Ft Duquesne Blvd Pittsburgh, PA 15222 James L. Conn INSURED Bunting Graphics, Inc. 20 River Road Verona, PA 15147-1159 CONTACT NAME: PHONE FAX (AIC, No. Ext): (A/C. Nol: E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : Travelers Insurance Co. INSURER B : Chartis I INSURER C : INSURER D : INSURER E : I INSURER F : NAIC q 25658 140258 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. IN SR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP I LIMITS INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE ❑X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I A PF' n LOC AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS X HIRED AUTOS X $500 Comp UMBRELLA LIAB B EXCESS LIAB SCHEDULED AUTOS X NON -OWNED AUTOS X $1000 Coll N OCCUR CLAIMS -MADE X X 6301D853977PHX14 X X 810202D1199IND14 X X BE035409722 I DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X UB1D406502PHX14 EACH OCCURRENCE $ 1,000,000 05/11/2014 05/11/2015 I DAMAGE TO RENTED PREMISES PREMISES (Ea occurrence) $ 000 MED EXP (Any one person) I $ 10,000 PERSONAL & ADV INJURY I $ 1,000,000 GENERAL AGGREGATE I $ 2,000,000 PRODUCTS-COMP/OPAGG I $ 2,000,000 �$ COMBINED SINGLE LIMIT (Ea accident) ( $ 1,000,000 05/11/2014 05/11/2015 I BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ EACH OCCURRENCE $ 10,000,000 05/11/2014 05/11/2015 I AGGREGATE $ 10,000,000 I X IWC STATU- I IOER TORY LIMITS 05/11/2014 05/11/2015 I E.L. EACH ACCIDENT I $ 1,000,000 E.L. DISEASE - EA EMPLOYEEI $ 1,000,000 E.L. DISEASE -POLICY LIMIT I $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Contract 302825, Wayfinding Signs, various locations in the City of Fort Worth, TX; Insured Job #70071 (see attached) CERTIFICATE HOLDER CITFTWR City of Fort Worth Transportation & Public Works Katherine Kirkpatrick 1000 Throckmorton St. Fort Worth, TX 76102 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �e^VWW" a c. - ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITFTWR BUNTI-2 PAGE 2 INSURED'S NAME Bunting Graphics, Inc. OP ID: MLW Date 09/08/2014 For Reference Only: City of Fort Worth is included as Additional Insured under the General Liability when required by written contract on a primary noncontributory basis (per form CGD2460805 & CGD0370405); and included as Additional Insured under the Auto Liability when required by written contract on a primary and noncontributory basis (per form CAT4740212); and included as Additional Insured under the Umbrella Liability on a primary and noncontributory basis when required by written contract (per form 805171109 & 95575907). Waiver of Subrogation for when required by written contract applies to the General Liability (per form CGD4580713), Auto Liabilityy (per form CAT3530310), Umbrella Liability (pe form 805171109), and Workers Compensation (per form WC0003130001). 30 day notice of COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. PROVISIONS S. The following is added to Paragraph 5., Other A. The following is added to Paragraph c. in A. 1., Insurance, in B. General Conditions of SEC - Who Is An Insured, of SECTION 11 — LIABILITY TION IV — BUSINESS AUTO CONDITIONS: COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required uad-or paragraph d. of this part 5. Other Insurance, this ----a written -contract -or agreement -between you and- -- —insurance-is-prfmary_to. and -non-contributory -with.- that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Liability Cover- ganization, that is signed and executed by you age, but only for damages to which this insurance before the "bodily injury" or "property damage" applies and only to the extent that person or or- occurs and that is in effect during the policy pe- ganization qualifies as an "Insured" under the riod, requires this insurance to be primary and Who Is An Insured provision contained in non-contributory. Section II. CA T4 74 02 12 ® 2012 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -- ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, if you specifically agree in a written con- tract or written agreement that the insurance pro- vided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising injury" for which coverage is sought arises out of an of- fense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Ex- cess Insurance regarding any other primary in- surance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1): That is available to the insured when the insured is added as an additional insured under any other policy, including any umbrella or excess policy. CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. 000741 Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense 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 the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available 'to the additional insured which covers that person or organization as a named insured as described in paragraph 3. - above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG-D2 46 08 05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 'tij#tErespeeLto-couerage pmvided-by-zthis_endorsement;_the_pravisions_of-the-Couerage�Form�6pply=untessmbdf. = ---- - fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D_ EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS - F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE -- INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is. added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED H_ HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L_ NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M_ BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section it. C. EMPLOYEE HIRED AUTO The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 - LI- ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II - LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 0310 @ 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (,2)_Anyco�eredE�aato-hiretl ot-rented-by= your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing 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". D. -EMPLOYEES AS -INSURED -- The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — LIABILITY COW ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident' we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. }=1Nitii-respe�o=any-c1aiIFri —or 'stiit"- brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- ----tions.- (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION 11-- LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4 02010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Office, Inc. with its permission. to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION iII - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or pareI and other personal effects which are: c:omoutsorv-tnsuranca=in=any�.ucl>=ct�r�n—___�-1:}_Gwr�et.LL_v-a�i='irFsu��d-sand-- -- • -- - -- try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. f 11 P h B 3 I If- (d) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION tit - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE -- INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION ill - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III -- PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. Theo owing Is added to aragrap .., u- sions, of SECTION III -- PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs AA.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident' or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV - BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- s. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV - BUSINESS AUTO CONDITIONS: �ni� +nta"we aaar�ioktt of ecouera_we_aaa�taauP. _ _ Thp Wj teatjqaqL oXission of, or un oteDtioJlq! agaitlsi ally- e7;;un u, ulg-amceiwis lu the ek- f---error=+n;=any-informaiiomgiveri=by=y"oil=shall=no: tent required of you by a written contract prejudice your rights under this insurance. How - signed and executed prior to any "accident' ever this provision does not affect our right to col- or "loss", provided that the "accident" or "loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non -renewal. Page 4 of 4 @ 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. IV POLICY NUMBER: P-810-202D1199-IND-14 ISSUE DATE: 06 -03-14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -- NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: 1=CGOV€RAGL P-AR3-S=(NGL-0DEW=tN=FHIS=P01=FCY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM -YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT 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 INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Blanket Additional Insured — Broad Form Vendors C. Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises F. Blanket Additional Insured -- Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury —Assumed By Contract 1. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION 11— WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain owner- ship or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. The following replaces Paragraph 4.a. of SECTION II — WHO IS AN INSURED: J. Bodily Injury To Co -Employees And Co -Volunteer Workers K. Aircraft Chartered With Crew L. Non -Owned Watercraft — Increased From 25 Feet To 50 Feet M. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day N. Medical Payments - Increased Limit O. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Reasonable Force — Bodily Injury Or Property Damage B. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury" or "property damage" that: a. Is caused by an "occurrence" that takes place after you have signed and executed that con- tract or agreement; and a. Coverage under this provision is afforded b. Arises out of "your products" which are dis- only until the 180th day after you acquire tributed or sold in the regular course of such or form the organization or the end of the vendor's business. policy period, whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days, to the following provisions: CG D4 58 07 13 0 2013 The Travelers Indemnity Company. All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- dor will be the limits which you agreed to pro- vide in the written contract or agreement, or the limits shown in the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such vendor does not apply to: (1) "Bodily injuryor "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; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in "your products" made intentionally by such vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, ad- justments, tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connection with the distribution or sale of "your products"; (6) Demonstration, installation, servicing or repair operations, except such operations performed at such vendor's premises in connection with the sale of your prod- ucts'; or (7) "Your products" which, after distribution or sale by you, have been labeled or rela- beled or used as a container, part or in- gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to: a. Any person or organization from whom you have acquired "your products", or any ingre- dient, part or container entering into, accom- panying or containing such products; or b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- dorsement. C. DAMAGE TO PREMISES RENTED TO YOU JURY AND PROPERTY DAMAGE LIABIL- ITY: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire, b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Para- graph 6. of Section III — Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 2. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises 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 temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning smoke resulting from such fire, explosion, or lightning; or wa- ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from fire; explosion; lightning; smoke resulting from such fire, ex- plosion, or lightning; water; or any combina- tion of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit, Page 2 of 7 m 2013 The Travelers Indemnity company. All rights reserved. CG D4 58 0713 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, ex- plosion, or lightning; or (5) Water. is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: 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 prior to loss. E. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION it — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage', "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have signed and executed that contract or agree- ment; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "advertising injury" caused by an offense that is com- mitted, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager orlessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. F. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an additional in- sured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertis- ing injury" that: a. Is "bodily injury" or "property damage" caused by an 'occurrence" that takes place, or "per- sonal injury" or "advertising injury" caused by an offense that is committed, after you have CG D4 58 07 13 Q 2013 The Travelers Indemnity Company. All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- ment; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement, or the limits shown on the Decla- rations of this Coverage Part, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" or "ad- vertising injury" caused by an offense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of 'oc- currence" in the DEFINITIONS Section: Unless you are in the business or occupation of providing professional health care services, "occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services" to a person. 2. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or 3. The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to any "bodily injury" arising out of any providing or failing to provide "incidental medical services" by any of your "employees", other than an employed doctor. Any such "employees" providing or failing to provide "incidental medical services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in the providing or fail- ing to provide "incidental medical services" to any one person will be considered one 'oc- currence". 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED. H. PERSONAL INJURY — ASSUMED BY CON- TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION 1 "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY e. Contractual Liability "Personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contract or agreement; or (2) Liability for damages because of "personal injury" assumed in a con- tract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense com- mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable at- torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "Insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in- surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1— Coverage A — Bodily In- jury And Property Damage Liability or Para- graph 2.e. of Section I — Coverage B — Per- sonal and Advertising Injury Liability, such payments will not be deemed to be damages because of "bodily injury", "property damage" or "personal injury", and will not reduce the limits of insurance. 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B: d. The allegations in the "suit" and the in- formation we know about the 'occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 4. The following replaces the first subparagraph of Paragraph f. of the definition of "Insured contract" in the DEFINITIONS Section: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third person or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. I. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily in- jury" in the DEFINITIONS Section: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. J. BODILY INJURY TO CO -EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraph (1)(a) above does not apply to "bodily injury" to a co -"employee" in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" while performing duties related to the conduct of your business. K. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. L. NON -OWNED WATERCRAFT 1. The following replaces Paragraph (2) of Ex- clusion g., Aircraft, Auto Or Watercraft, in Paragraph 2, of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: CG D4 58 07 13 @ 2013 The Travelers Indemnity Company. All rights reserved. Page 5 of 7 Includes copyrighted material of insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 2. of SECTION II — WHO IS AN INSURED: Any person or organization that, with your ex- press or implied consent, either uses or is re- sponsible for the use of a watercraft that you do not own that is: (1) Fifty feet long or less; and (2) Not being used to carry any person or property for a charge. M. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: b. Up to $2,500 for cost of bail bonds re- quired 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 fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -- COVER- AGES A AND B of SECTION I — COVER- AGES: 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. N. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bod- ily injury" sustained by any one person, and will be the higher of: (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. O. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, lim- ited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, no- tice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (ii) A manager of any limited liability company; (iii) A trustee of any trust; or (iv) An executive officer or director of any other organization; that is your partner, joint venture member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company, trust or other organi- zation to give notice of an "occur- rence" or offense. (3) Notice to us of such "occurrence" or of- fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as pray ticable after any of the persons described in Paragraphs e.(1) or (2) above discov- Page 6 of 7 © 2013 The Travelers Indemnity Company. All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY ers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorse- ment that provides limited coverage for "bod- ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a re- quirement that the discharge, release or es- cape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional er- ror in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect addi- tional premium or to exercise our rights of cancel- lation or nonrenewal in accordance with applica- ble insurance laws or regulations. Q. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: a. Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the in- sured. This exclusion does not apply to "bod- ily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. CG D4 58 07 13 © 2013 The Travelers Indemnity Company. All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 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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-defimed term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dcecanber2l, 2012 UU /L UU - 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 of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decanber2l, 2012 UU /L UU - 1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of 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. Dr-awings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 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 SPECIFCATION DOCUMENTS Revision: Dre=nber2l, 2012 UU /L UU - I 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 1 of the Contract Documents. 40. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of 4ward -The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 5 of 63 51. Project Schedzde A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project —The Work to be performed under the Contract Documents. 53. Project Representative —The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive MaterialSource, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended fiom time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dw=ber2l, 2012 UU /L UU - 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 part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Daoanber2l, 2012 UV /2 UU - 1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Conti -act Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dece nber2l, 2012 UU /6 UU - l General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deomnber2l, 2012 VU /L UU - 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 Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies. - Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - 1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UV /L UU - 1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dece nber2l, 2012 UU /L UU - I General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized.- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Demnber2l, 2012 UU /L UU - 1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a fmal 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 SPECIFCATION DOCUMENTS Revision: Decelnber2l, 2012 UU /L UU - 1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU12UU-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deceniber2l, 2012 UU /L UU - 1 General Conditions Page 16 of 63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (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 STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Drxember2l, 2012 UV /L UU - 1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: De=nber2l, 2012 UU /L UU - 1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /6 UU - 1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decembu2l, 2012 uu iz uu - i General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Demnber2l, 2012 UV /G UU - I General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deceraber2l, 2012 UU /l UU - 1 General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. 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 ofsubstituted 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 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended) by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: De=nber2l, 2012 UU /L UU - I General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - 1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a parry in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee , or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fidlest 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 pei formance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UV /L UU - 1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Docember2l, 2012 UU /L UU - I General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.htrnl 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Demnber2l, 2012 UU /L UU - 1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decenber2l, 2012 UU /L UU - 1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. I . 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 confornuty with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dce=nber2l, 2012 UU /L UU - I General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Daoember2l, 2012 UU /L UU - 1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND B . EFFECTIVE LVEN IF IT IS ALI GED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /6 UU - I General Conditions Page 34 of63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR, NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deceniber2l, 2012 UU /L UU - I General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: De=nber2l, 2012 UU /L UU - 1 General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dcxcniber21, 2012 UU // UU - 1 General Conditions Page 37 of63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deeanber2l, 2012 UU /L UU - 1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (h) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the parry making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU12UU-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: D=mber2l, 2012 UU /L UU - 1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and I1.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allotivance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - 1 General Conditions Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 i£ 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. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dewnber2l, 2012 UU /1 UU - I General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Conti -act Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 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 12.01.13.2, 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.Q. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.0l.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deeelliber2l, 2012 UU /L UU - 1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: De=nber2l, 2012 UU /L UU - 1 General Conditions Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dece mber2l, 2012 UV /L UU - 1 General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: DecernWr2l, 2012 UU /L UU - I General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decenlxr2l, 2012 UU /L UU - 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 of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dearnber2l, 2012 UU /1 UU - I General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Dccernher2l, 2012 UU /L UU - 1 General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Deoanber2l, 2012 UV /L UU - 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 Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: Decenber2l, 2012 UU /G UU - I General Conditions Page 56 of63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: D=iiber2l, 2012 UU /L UU - 1 General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERIVIINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - I General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: D=niber2l, 2012 UU /L UU - 1 General Conditions Page 59 of63 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 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU /L UU - 1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 VU /L UV - 1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 UU U UU - 1 General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: De=nber2l, 2012 UU /6 UU - l General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision: December2l, 2012 00 73 00 - 1 SUPPLEMENTARY CONDITIONS 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 6 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of February 13,2014: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2013 Wayfinding Sign Installations City Project No. 302825 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 SC-4.01A.2, "Availability of Lands" 2 3 Utilities or obstructions to be removed, adjusted, and/or relocated 4 5 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 6 as of February 13, 2014. 7 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 8 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 9 and do not bind the City. 10 11 SC-4.02A., "Subsurface and Physical Conditions" 12 13 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 14 15 None 16 17 SC-4.06A., "Hazardous Environmental Conditions at Site" 18 19 The following are reports and drawings of existing hazardous environmental conditions known to the City: 20 21 None 22 23 SC-5.02., "Performance, Payment, and Maintenance Bonds" 24 25 Replace reference to "maintenance bonds" with "warranty bonds". 26 27 SC-5.03A., "Certificates of Insurance" 28 29 The entities listed below are "additional insureds as their interest may appear" including their respective 30 officers, directors, agents and employees. 31 32 (1) City 33 (2) TxDOT 34 (3) Consultant: None 35 (4) Other: None 36 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 $100,000 Disease - each employee 48 $500,000 Disease - policy limit 49 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2013 007300-3 SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Page 3 of 6 SC-5.04B., "Contractor's Insurance" 5.0413. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks: None SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.06.A, "Concerning Subcontractors, Suppliers, and Others" 6.06.A. Contractor shall perform with his own organization, work of a value not less than 30% of the value embraced on the Contract, unless otherwise approved by the City. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 1, 2013 Wayfinding Sign Installations City Project No. 302825 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 Davis Bacon General Decision Number: TX140035, 01/03/2014, Texas, Construction Type: 2 Highway 3 4 SC-6.07.E, "Wage Rates" 5 6 Records to be maintained for a period of four (4) years. 7 8 SC-6.09., "Permits and Utilities" 9 10 SC-6.09A., "Contractor obtained permits and licenses" 11 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 12 13 Street Use Permit 14 15 SC-6.09B. "City obtained permits and licenses" 16 The following are known permits and/or licenses required by the Contract to be acquired by the City: 17 18 None 19 20 SC-6.09C. "Outstanding permits and licenses" 21 22 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of February 23 13,2014: 24 25 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 None SC-6.20D., "Contractor's General Warranty and Gurantee" Replace "maintenance bond" with "warranty bond" SC-6.23A., "Right to Audit" Replace "three (3) years" with "four (4) years." TxDOT and FHWA shall also have the right to audit. SC-6.23B., "Right to Audit" Replace "three (3) years" with "four (4) years." TxDOT and FHWA shall also have the right to audit. SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2013 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 "DOT"') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, 2 (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part 3 of this contract. 4 5 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall 6 not discriminate on the grounds of race, color, or national origin, in the selection and retention of 7 subcontractors, including procurements of materials and leases of equipment. The Contractor shall not 8 participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the 9 Regulations, including employment practices when the contract covers a program set forth in 10 Appendix B of the Regulations. 11 12 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all 13 solicitations either by competitive bidding or negotiation made by the contractor for work to be 14 performed under a subcontract, including procurements of materials or leases of equipment, each 15 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 16 under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or 17 national origin. 18 19 4. Information and Reports: The Contractor shall provide all information and reports required by the 20 Regulations or directives issued pursuant thereto, and shall permit access to its books, records, 21 accounts, other sources of information and its facilities as may be determined by City or the Texas 22 Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders 23 and instructions. Where any information required of a contractor is in the exclusive possession of 24 another who fails or refuses to furnish this information the contractor shall so certify to the City, or the 25 Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to 26 obtain the information. 27 28 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 29 nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the 30 Texas Department of Transportation may determine to be appropriate, including, but not limited to: 31 32 a. withholding of payments to the Contractor under the Contract until the Contractor 33 complies, and/or 34 b. cancellation, termination or suspension of the Contract, in whole or in part. 35 36 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through 37 (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt 38 by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with 39 respect to any subcontract or procurement as City or the Texas Department of Transportation may 40 direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, 41 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a 42 subcontractor or supplier as a result of such direction, the contractor may request City to enter into 43 such litigation to protect the interests of City, and, in addition, the contractor may request the United 44 States to enter into such litigation to protect the interests of the United States. 45 46 Additional Title VI requirements can be found in the Appendix. 47 48 SC-7.02., "Coordination" 49 50 The individuals or entities listed below have contracts with the City for the performance of other work at 51 the Site: 52 53 None 54 55 SC-8.01, "Communications to Contractor" CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised April 1, 2013 00 73 00 - 6 SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Page 6 of 6 None SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: None SC-13.03C., "Tests and Inspections" None SC-14.02D., "Liquidated Damages" Change "calendar day" to "working day". SC-16.01C.1, "Methods and Procedures" None 24 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April I, 2013 Wayfinding Sign Installations City Project No. 302825 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 11 00 SUMMARY OF WORK 01 1100 -1 SUMMARY OF WORK Page I of 2 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 ADMINISTRATIVE REQUIREMENTS 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 011100-2 SUMMARY OF WORK Page 2 of 2 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 injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. 42 END OF SECTION 43 44 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 25 00 - 1 SUBSTITUTION PROCEDURES Pagel of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 ADMINISTRATIVE REQUIREMENTS 24 A. Request for Substitution - General 25 1. Within 30 days after award of Contract (unless noted otherwise), the City will 26 consider formal requests from Contractor for substitution of products in place of 27 those specified. 28 2. Certain types of equipment and kinds of material are described in Specifications by 29 means of references to names of manufacturers and vendors, trade names, or 30 catalog numbers. 31 a. When this method of specifying is used, it is not intended to exclude from 32 consideration other products bearing other manufacturer's or vendor's names, 33 trade names, or catalog numbers, provided said products are "or -equals," as 34 determined by City. 35 3. Other types of equipment and kinds of material may be acceptable substitutions 36 under the following conditions: 37 a. Or -equals are unavailable due to strike, discontinued production of products 38 meeting specified requirements, or other factors beyond control of Contractor; 39 or, 40 b. Contractor proposes a cost and/or time reduction incentive to the City. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1.4 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, the resulting cost and/or time reduction 45 will be documented by Change Order in accordance with the General Conditions. 46 4. No additional contract time will be given for substitution. 47 5. Substitution will be rejected if - CITY OF FORT WORTH Waylinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the City's opinion, acceptance will require substantial revision of the original 4 design 5 d. In the City's opinion, substitution will not perform adequately the function 6 consistent with the design intent 7 1.5 QUALITY ASSURANCE 8 A. In making request for substitution or in using an approved product, the Contractor 9 represents that the Contractor: 10 1. Has investigated proposed product, and has determined that it is adequate or 11 superior in all respects to that specified, and that it will perform function for which 12 it is intended 13 2. Will provide same guarantee for substitute item as for product specified 14 3. Will coordinate installation of accepted substitution into Work, to include building 15 modifications if necessary, making such changes as may be required for Work to be 16 complete in all respects 17 4. Waives all claims for additional costs related to substitution which subsequently 18 arise 19 END OF SECTION 20 Revision Log DATE NAME SUMMARY OF CHANGE 21 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1,2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: Im 01 25 00 - 4 SUBSTITUTION PROCEDURES Page 4 of 4 PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Recommended _ Recommended _ Not recommended _Received late By Date Remarks Date Rejected Wayfinding Sign Installations City Project No. 302825 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 31 19 PRECONSTRUCTION MEETING 0131 19 - 1 PRECONSTRUCTION MEETING Page 1 of 2 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request e. Other City representatives f. Others as appropriate CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 2 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing cc. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Wayfinding Sign Installations City Project No. 302825 013120-1 PROJECT MEETINGS Pagel of 3 1 SECTION 01 31 20 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 — General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Schedule, attend and administer as specified, periodic progress meetings, and 21 specially called meetings throughout progress of the Work. 22 2. Representatives of Contractor, subcontractors and suppliers attending meetings 23 shall be qualified and authorized to act on behalf of the entity each represents. 24 3. Meetings administered by City may be tape recorded. 25 a. If recorded, tapes will be used to prepare minutes and retained by City for 26 future reference. 27 4. Meetings, in addition to those specified in this Section, may be held when requested 28 by the City, Engineer or Contractor. 29 B. Pre -Construction Neighborhood Meeting 30 1. After the execution of the Agreement, but before construction is allowed to begin, 31 attend 1 Public Meeting with affected residents to: 32 a. Present projected schedule, including construction start date 33 b. Answer any construction related questions 34 2. Meeting Location 35 a. Location of meeting to be determined by the City. 36 3. Attendees 37 a. Contractor 38 b. Project Representative 39 c. Other City representatives CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 31 20 - 2 PROJECT MEETINGS Page 2 of 3 1 4. Meeting Schedule 2 a. In general, the neighborhood meeting will occur within the 2 weeks following 3 the pre -construction conference. 4 b. In no case will construction be allowed to begin until this meeting is held. 5 C. Progress Meetings 6 1. Formal project coordination meetings will be held periodically. Meetings will be 7 scheduled and administered by Project Representative. 8 2. Additional progress meetings to discuss specific topics will be conducted on an as- 9 needed basis. Such additional meetings shall include, but not be limited to: 10 a. Coordinating shutdowns 11 b. Installation of piping and equipment 12 c. Coordination between other construction projects 13 d. Resolution of construction issues 14 e. Equipment approval 15 3. The Project Representative will preside at progress meetings, prepare the notes of 16 the meeting and distribute copies of the same to all participants who so request by 17 fully completing the attendance form to be circulated at the beginning of each 18 meeting. 19 4. Attendance shall include: 20 a. Contractor's project manager 21 b. Contractor's superintendent 22 c. Any subcontractor or supplier representatives whom the Contractor may desire 23 to invite or the City may request 24 d. Engineer's representatives 25 e. City's representatives 26 f. Others, as requested by the Project Representative 27 5. Preliminary Agenda may include: 28 a. Review of Work progress since previous meeting 29 b. Field observations, problems, conflicts 30 c. Items which impede construction schedule 31 d. Review of off -site fabrication, delivery schedules 32 e. Review of construction interfacing and sequencing requirements with other 33 construction contracts 34 £ Corrective measures and procedures to regain projected schedule 35 g. Revisions to construction schedule 36 h. Progress, schedule, during succeeding Work period 37 i. Coordination of schedules 38 j. Review submittal schedules 39 k. Maintenance of quality standards 40 1. Pending changes and substitutions 41 in. Review proposed changes for: 42 1) Effect on construction schedule and on completion date 43 2) Effect on other contracts of the Project 44 n. Review Record Documents 45 o. Review monthly pay request 46 p. Review status of Requests for Information 47 6. Meeting Schedule CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 7 013120-3 PROJECT MEETINGS Page 3 of 3 a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 10 11 DATE NAME 12 END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PARTI- 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 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost -loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 0132 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 0132 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. 40 1.6 QUALITY ASSURANCE 41 A. The person preparing and revising the construction Progress Schedule shall be 42 experienced in the preparation of schedules of similar complexity. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 B. Schedule and supporting documents addressed in this Specification shall be prepared, 2 updated and revised to accurately reflect the performance of the construction. 3 C. Contractor is responsible for the quality of all submittals in this section meeting the 4 standard of care for the construction industry for similar projects. 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 2 3 PARTI- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 013233-1 PRECONSTRUCTION VIDEO Page 1 of 1 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 25 26 A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 01 33 00 - 1 SUBMITTALS Page I of 7 1 SECTION 0133 00 2 SUBMITTALS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 ADMINISTRATIVE REQUIREMENTS 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 33 00 - 2 SUBMITTALS Page 2 of 7 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 'h inches x 11 inches to 8 '/2 inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 01 33 00 - 3 SUBMITTALS Page 3 of 7 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of- 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 7 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 013300-5 SUBMITTALS Page 5 of 7 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 01 33 00 - 6 SUBMITTALS Page 6 of 7 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents, 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 013300-7 SUBMITTALS Page 7 of 7 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 END OF SECTION 31 Revision Log DATE NAME SUMMARY OF CHANGE 32 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 0135 13- 1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) Additional insurance 5) Insurance Certificates 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. 2. Railroad Flagmen CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 0135 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation (TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines (more than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage -type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3 :00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if - a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. TCEQ Air Permit 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. F. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 46 G. Water Department Coordination CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on I 1 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 01 35 13 - 5 SPECIAL PROJECT PROCEDURES Page 5 of 8 b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. J. Coordination with United States Army Corps of Engineers (USACE) At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. K. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were present on Site. L. Dust Control Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. M. Employee Parking 1. Provide parking for employees at locations approved by the City. 45 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 013513-6 SPECIAL PROJECT PROCEDURES 2 Revision Log DATE NAME Page 6 of 8 1.4.13—Added requirement of compliance with Health and Safety Code, Title 9. 8/31/2012 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> m Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 2 3 4 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B FORTWORTH Date: DOE NO. xxxx Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY ]INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 45 23 - 1 TESTING AND INSPECTION SERVICES Page 1 of 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 Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 14 15 16 17 18 19 20 21 22 23 24 A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 25 1.3 ADMINISTRATIVE REQUIREMENTS 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 014523-2 TESTING AND INSPECTION SERVICES Page 2 of a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 3 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City's Project Representatives. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 d. Contractor Payment for Construction Water CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 3 1 1) Obtain construction water meter from City for payment as billed by City's 2 established rates. 3 3. Electricity and Lighting 4 a. Provide and pay for electric powered service as required for Work, including 5 testing of Work. 6 1) Provide power for lighting, operation of equipment, or other use. 7 b. Electric power service includes temporary power service or generator to 8 maintain operations during scheduled shutdown. 9 4. Telephone 10 a. Provide emergency telephone service at Site for use by Contractor personnel 11 and others performing work or furnishing services at Site. 12 5. Temporary Heat and Ventilation 13 a. Provide temporary heat as necessary for protection or completion of Work. 14 b. Provide temporary heat and ventilation to assure safe working conditions. 15 B. Sanitary Facilities 16 1. Provide and maintain sanitary facilities for persons on Site. 17 a. Comply with regulations of State and local departments of health. 18 2. Enforce use of sanitary facilities by construction personnel at job site. 19 a. Enclose and anchor sanitary facilities. 20 b. No discharge will be allowed from these facilities. 21 c. Collect and store sewage and waste so as not to cause nuisance or health 22 problem. 23 d. Haul sewage and waste off -site at no less than weekly intervals and properly 24 dispose in accordance with applicable regulation. 25 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 26 4. Remove facilities at completion of Project 27 C. Storage Sheds and Buildings 28 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 29 above ground level for materials and equipment susceptible to weather damage. 30 2. Storage of materials not susceptible to weather damage may be on blocks off 31 ground. 32 3. Store materials in a neat and orderly manner. 33 a. Place materials and equipment to permit easy access for identification, 34 inspection and inventory. 35 4. Equip building with lockable doors and lighting, and provide electrical service for 36 equipment space heaters and heating or ventilation as necessary to provide storage 37 environments acceptable to specified manufacturers. 38 5. Fill and grade site for temporary structures to provide drainage away from 39 temporary and existing buildings. 40 6. Remove building from site prior to Final Acceptance. 41 D. Temporary Fencing 42 1. Provide and maintain for the duration or construction when required in contract 43 documents 44 E. Dust Control CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 3 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 PART 2 - EXECUTION 9 2.1 INSTALLATION 10 A. Temporary Facilities 11 1. Maintain all temporary facilities for duration of construction activities as needed. 12 2.2 CLOSEOUT ACTIVITIES 13 14 15 16 17 18 A. Temporary Facilities 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. END OF SECTION Revision Log I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 1 SECTION 0155 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 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 2 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 END OF SECTION 27 Revision Log DATE NAME SUMMARY OF CHANGE 28 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 0157 13- 1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 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 Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the S WPPP is revised during construction, resubmit modified S WPPP to the City 3 in accordance with Section 01 33 00. 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 0158 13- 1 TEMPORARY PROJECT SIGNAGE Page 1 of 2 1 SECTION 0158 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 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 PART 2 - PRODUCTS 17 2.1 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 18 A. Design Criteria 19 1. Provide free standing Project Designation Sign in accordance with City's Standard 20 Details for project signs. 21 B. Materials 22 1. Sign 23 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 24 PART 3 - EXECUTION 25 3.1 INSTALLATION 26 27 28 29 30 31 32 33 A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.2 MAINTENANCE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 0158 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 2 1 A. General 2 1. Maintenance will include painting and repairs as needed or directed by the City. 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of I 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 ADMINISTRATIVE REQUIREMENTS 13 A. A list of City approved products for use is located on Buzzsaw as follows: 14 1. Resources\02 - Construction Documents\Standard Products List 15 B. Only products specifically included on City's Standard Product List in these Contract 16 Documents shall be allowed for use on the Project. 17 1. Any subsequently approved products will only be allowed for use upon specific 18 approval by the City. 19 C. Any specific product requirements in the Contract Documents supersede similar 20 products included on the City's Standard Product List. 21 1. The City reserves the right to not allow products to be used for certain projects even 22 though the product is listed on the City's Standard Product List. 23 D. Although a specific product is included on City's Standard Product List, not all 24 products from that manufacturer are approved for use, including but not limited to, that 25 manufacturer's standard product. 26 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 27 Standard Product List. 28 F. In addition to meeting City requirements, all materials and designated sources shall be 29 approved by TxDOT. 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 02/13/14 S. Arnold Added TxDOT approval for material and designated sources 31 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 2 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 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 DELIVERY AND HANDLING 21 A. Delivery Requirements 22 1. Schedule delivery of products or equipment as required to allow timely installation 23 and to avoid prolonged storage. 24 2. Provide appropriate personnel and equipment to receive deliveries. 25 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 26 for personnel or equipment to receive the delivery. 27 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 28 containers designed and constructed to protect the contents from physical or 29 environmental damage. 30 5. Clearly and fully mark and identify as to manufacturer, item and installation 31 location. 32 6. Provide manufacturer's instructions for storage and handling. 33 B. Handling Requirements 34 1. Handle products or equipment in accordance with these Contract Documents and 35 manufacturer's recommendations and instructions. 36 C. Storage Requirements 37 1. Store materials in accordance with manufacturer's recommendations and 38 requirements of these Specifications. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 2 1 2. Make necessary provisions for safe storage of materials and equipment. 2 a. Place loose soil materials and materials to be incorporated into Work to prevent 3 damage to any part of Work or existing facilities and to maintain free access at 4 all times to all parts of Work and to utility service company installations in 5 vicinity of Work. 6 3. Keep materials and equipment neatly and compactly stored in locations that will 7 cause minimum inconvenience to other contractors, public travel, adjoining owners, 8 tenants and occupants. 9 a. Arrange storage to provide easy access for inspection. 10 4. Restrict storage to areas available on construction site for storage of material and 11 equipment as shown on Drawings, or approved by City's Project Representative. 12 5. Provide off -site storage and protection when on -site storage is not adequate. 13 a. Provide addresses of and access to off -site storage locations for inspection by 14 City's Project Representative. 15 6. Do not use lawns, grass plots or other private property for storage purposes without 16 written permission of owner or other person in possession or control of premises. 17 7. Store in manufacturers' unopened containers. 18 8. Neatly, safely and compactly stack materials delivered and stored along line of 19 Work to avoid inconvenience and damage to property owners and general public 20 and maintain at least 3 feet from fire hydrant. 21 9. Keep public and private driveways and street crossings open. 22 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 23 satisfaction of City's Project Representative. 24 a. Total length which materials may be distributed along route of construction at 25 one time is 1,000 linear feet, unless otherwise approved in writing by City's 26 Project Representative. 27 PART 2 - EXECUTION 28 2.1 FIELD [oR] SITE QUALITY CONTROL 29 A. Tests and Inspections 30 1. Inspect all products or equipment delivered to the site prior to unloading. 31 B. Non -Conforming Work 32 1. Reject all products or equipment that are damaged, used or in any other way 33 unsatisfactory for use on the project. 34 2.2 PROTECTION 35 A. Protect all products or equipment in accordance with manufacturer's written directions. 36 B. Store products or equipment in location to avoid physical damage to items while in 37 storage. 38 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 39 the manufacturer. 40 END OF SECTION CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page 1 of 3 1 SECTION 0170 00 2 MOBILIZATION AND REMOBIL,IZATION 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 3 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 — General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials fiirnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under "Measurement" will be paid for at the unit 40 price per each "Specified Remobilization" in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby, idle time, or lost profits associated this 46 Item. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 3 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 017123-1 CONSTRUCTION STAKING AND SURVEY Page I of 4 1 SECTION 01 71 23 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 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. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 SUBMITTALS 29 A. Submittals, if required, shall be in accordance with Section 01 33 00. 30 B. All submittals shall be approved by the City prior to delivery. 31 1.4 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 32 A. Certificates 33 1. Provide certificate certifying that elevations and locations of improvements are in 34 conformance or non-conformance with requirements of the Contract Documents. 35 a. Certificate must be sealed by a registered professional land surveyor in the 36 State of Texas. 37 B. Field Quality Control Submittals 38 1. Documentation verifying accuracy of field engineering work. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 1.5 QUALITY ASSURANCE 2 A. Construction Staking 3 1. Construction staking will be performed by the City. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (8) Gate valves 2 (9) Plugs, stubouts, dead-end lines 3 (10) Air Release valves (Manhole rim and vent pipe) 4 (11) Blow off valves (Manhole rim and valve lid) 5 (12) Pressure plane valves 6 (13) Cleaning wyes 7 (14) Casing pipe (each end) 8 b) Storm Sewer 9 (1) Top of pipe elevations and coordinates at the following locations: 10 (a) Every 250 linear feet 11 (b) Horizontal and vertical points of inflection, curvature, etc. 12 c) Sanitary Sewer 13 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 14 the following locations: 15 (a) Every 250 linear feet 16 (b) Horizontal and vertical points of inflection, curvature, etc. 17 (c) Cleanouts 18 c. Construction survey will be performed in order to maintain complete and 19 accurate logs of control and survey work associated with meeting or exceeding 20 the line and grade required by these Specifications. 21 d. The Contractor will need to ensure coordination is maintained with the City to 22 perform construction survey and to verify control data, including but not 23 limited to the following: 24 1) Established benchmarks and control points provided for the Contractor's 25 use are accurate 26 2) Benchmarks were used to furnish and maintain all reference lines and 27 grades for tunneling 28 3) Lines and grades were used to establish the location of the pipe 29 4) Submit to the City copies of field notes used to establish all lines and 30 grades and allow the City to check guidance system setup prior to 31 beginning each tunneling drive. 32 5) Provide access for the City to verify the guidance system and the line and 33 grade of the carrier pipe on a daily basis. 34 6) The Contractor remains fully responsible for the accuracy of the work and 35 the correction of it, as required. 36 7) Monitor line and grade continuously during construction. 37 8) Record deviation with respect to design line and grade once at each pipe 38 joint and submit daily records to City. 39 9) If the installation does not meet the specified tolerances, immediately notify 40 the City and correct the installation in accordance with the Contract 41 Documents. 42 PART 2 - EXECUTION 43 2.1 FIELD [OR] SITE QUALITY CONTROL 44 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 45 City in accordance with this Specification. 46 B. Do not change or relocate stakes or control data without approval from the City. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 7123 - 4 DATE NAME 8/31/2012 D.Johnson CONSTRUCTION STAKING AND SURVEY Page 4 of 4 END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 74 23 - 1 CLEANING Page 1 of 3 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.4 STORAGE, AND HANDLING 25 A. Storage and Handling Requirements 26 1. Store cleaning products and cleaning wastes in containers specifically designed for 27 those materials. 28 PART 2 - PRODUCTS 29 2.1 MATERIALS 30 A. Cleaning Agents 31 1. Compatible with surface being cleaned 32 2. New and uncontaminated 33 3. For manufactured surfaces 34 a. Material recommended by manufacturer CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 3 2 3.1 CLEANING 3 A. General 4 1. Prevent accumulation of wastes that create hazardous conditions. 5 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 6 governing authorities. 7 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 8 storm or sanitary drains or sewers. 9 4. Dispose of degradable debris at an approved solid waste disposal site. 10 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 11 alternate manner approved by City and regulatory agencies. 12 6. Handle materials in a controlled manner with as few handlings as possible. 13 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 14 this project. 15 8. Remove all signs of temporary construction and activities incidental to construction 16 of required permanent Work. 17 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 18 have the cleaning completed at the expense of the Contractor. 19 10. Do not burn on -site. 20 B. Intermediate Cleaning during Construction 21 1. Keep Work areas clean so as not to hinder health, safety or convenience of 22 personnel in existing facility operations. 23 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 24 3. Confine construction debris daily in strategically located container(s): 25 a. Cover to prevent blowing by wind 26 b. Store debris away from construction or operational activities 27 c. Haul from site at a minimum of once per week 28 4. Vacuum clean interior areas when ready to receive finish painting. 29 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 30 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 31 may become airborne or transported by flowing water during the storm. 32 C. Interior Final Cleaning 33 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 34 foreign materials from sight -exposed surfaces. 35 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 36 3. Wash and shine glazing and mirrors. 37 4. Polish glossy surfaces to a clear shine. 38 5. Ventilating systems 39 a. Clean permanent filters and replace disposable filters if units were operated 40 during construction. 41 b. Clean ducts, blowers and coils if units were operated without filters during 42 construction. CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 1 6. Replace all burned out lamps. 2 7. Broom clean process area floors. 3 8. Mop office and control room floors. 4 5 6 7 8 9 10 11 12 13 14 017423-3 CLEANING Page 3 of 3 D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 15 16 DATE NAME 17 END OF SECTION Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised Judy 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 0177 19- 1 CLOSEOUT REQUIREMENTS Pagel of 2 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 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.4 SUBMITTALS 25 A. Submit all required documentation to City's Project Representative. 26 PART 2 - EXECUTION 27 2.1 CLOSEOUT PROCEDURE 28 A. Prior to requesting Final Inspection, submit: 29 1. Project Record Documents in accordance with Section 01 78 39 30 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 31 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 32 01 7423. 33 C. Final Inspection CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 2 1 1. After final cleaning, provide notice to the City Project Representative that the Work 2 is completed. 3 a. The City will make an initial Final Inspection with the Contractor present. 4 b. Upon completion of this inspection, the City will notify the Contractor, in 5 writing within 10 business days, of any particulars in which this inspection 6 reveals that the Work is defective or incomplete. 7 2. Upon receiving written notice from the City, immediately undertake the Work 8 required to remedy deficiencies and complete the Work to the satisfaction of the 9 City. 10 3. Upon completion of Work associated with the items listed in the City's written I 1 notice, inform the City, that the required Work has been completed. Upon receipt 12 of this notice, the City, in the presence of the Contractor, will make a subsequent 13 Final Inspection of the project. 14 4. Provide all special accessories required to place each item of equipment in full 15 operation. These special accessory items include, but are not limited to: 16 a. Specified spare parts 17 b. Adequate oil and grease as required for the first lubrication of the equipment 18 c. Initial fill up of all chemical tanks and fuel tanks 19 d. Light bulbs 20 e. Fuses 21 f. Vault keys 22 g. Handwheels 23 h. Other expendable items as required for initial start-up and operation of all 24 equipment 25 D. Notice of Project Completion 26 1. Once the City Project Representative finds the Work subsequent to Final Inspection 27 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 28 E. Supporting Documentation 29 1. Coordinate with the City Project Representative to complete the following 30 additional forms: 31 a. Final Payment Request 32 b. Statement of Contract Time 33 c. Affidavit of Payment and Release of Liens 34 d. Consent of Surety to Final Payment 35 e. Pipe Report (if required) 36 f. Contractor's Evaluation of City 37 g. Performance Evaluation of Contractor 38 F. Letter of Final Acceptance 39 1. Upon review and acceptance of Notice of Project Completion and Supporting 40 Documentation, in accordance with General Conditions, City will issue Letter of 41 Final Acceptance and release the Final Payment Request for payment. 42 END OF SECTION 43 44 CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No: 302825 Revised July 1, 2011 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page I of 4 1 SECTION 0178 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 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.4 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 27 approved by the City prior to delivery. 28 1.5 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 'h inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer's printed data, or neatly typewritten 37 d. Drawings 38 1) Provide reinforced punched binder tab, bind in with text CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 01 78 23 - 2 OPERATION AND MAINTENANCE DATA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Page 2 of 4 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format tinder separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 4 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving fill information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams i. Charts of valve tag numbers, with location and function of each valve CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Wayfinding Sign Installations City Project No. 302825 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 4 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.6 QUALITY ASSURANCE 30 A. Provide operation and maintenance data by personnel with the following criteria: 31 1. Trained and experienced in maintenance and operation of described products 32 2. Skilled as technical writer to the extent required to communicate essential data 33 3. Skilled as draftsman competent to prepare required drawings 34 END OF SECTION 35 Revision Log DATE NAME SUMMARY OF CHANGE C 8/31/2012 D. Johnson 1.5.A.1 —title of section removed CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised December 20, 2012 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 3 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 SUBMITTALS 22 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 23 City's Project Representative. 24 1.4 QUALITY ASSURANCE 25 A. Accuracy of Records 26 1. Thoroughly coordinate changes within the Record Documents, making adequate 27 and proper entries on each page of Specifications and each sheet of Drawings and 28 other Documents where such entry is required to show the change properly. 29 2. Accuracy of records shall be such that future search for items shown in the Contract 30 Documents may rely reasonably on information obtained from the approved Project 31 Record Documents. 32 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 33 information that the change has occurred. 34 4. Provide factual information regarding all aspects of the Work, both concealed and 35 visible, to enable future modification of the Work to proceed without lengthy and 36 expensive site measurement, investigation and examination. 37 1.5 STORAGE AND HANDLING 38 A. Storage and Handling Requirements CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 302825 Revised July 1, 2011 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 3 1 1. Maintain the job set of Record Documents completely protected from deterioration 2 and from loss and damage until completion of the Work and transfer of all recorded 3 data to the final Project Record Documents. 4 2. In the event of loss of recorded data, use means necessary to again secure the data 5 to the City's approval. 6 a. In such case, provide replacements to the standards originally required by the 7 Contract Documents. 8 PART 2 - PRODUCTS 9 2.1 RECORD DOCUMENTS 10 A. Job set 11 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 12 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 13 B. Final Record Documents 14 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 15 the City 1 complete set of all Final Record Drawings in the Contract. 16 PART 3 - EXECUTION 17 3.1 MAINTENANCE DOCUMENTS 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 7123, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 01 78 39 - 3 PROJECT RECORD DOCUMENTS Page 3 of 3 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Wayfinding Sign Installations City Project No. 302825 County Tarrant Highway VA Limits Various Locations DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS The following goal for disadvantaged business enterprises is established: DBE 4% DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS PROJECT: FOR THE CONSTRUCTION OF MISCELLANEOUS WORK CONSISTING OF WAYFINDING SIGN INSTALLATIONS. HIGHWAY: VA COUNTY: TARRANT TXDOT CSJ: 0902-48-802 The following goal for disadvantaged business enterprises is established: DBE 4% Certification of DBE Goal Attainment By signing the proposal, the Bidder certifies that the above DBE goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the proposal. As a result, the bid proposal guarantee of the Bidder will be property of the City of Fort Worth and the Bidder will be excluded for rebidding on the project when it is re -advertised. Buy America § 635.410 Buy America requirements. (a) The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of § 635.409(a) of this subpart. (b) No Federal -aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1) The project either: (i) Includes no permanently incorporated steel or iron materials, or (ii) if steel or iron materials are to be used, all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2) The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials, to the same or greater extent as the provisions set forth in this section. (3) The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements. Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used. The contract provisions must (i) require all bidders to submit a bid based on furnishing domestic steel and iron materials, and (ii) clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4) When steel and iron materials are used in a project, the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one -tenth of one percent (0.1 percent) of the total contract cost or $2,500, whichever is greater. For purposes of this paragraph, the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1) A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2) A request for waiver, accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator (RFHWA) through the FHWA Division Administrator. A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request. The RFHWA will have approval authority on the request. (3) Requests for waivers may be made for specific projects, or for certain materials or products in specific geographic areas, or for combinations of both, depending on the circumstances. (4) The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator), whose action on the request shall be considered administratively final. (5) A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6) A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver. The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7) In determining whether the waivers described in paragraph (c)(1) of this section will be granted, the FHWA will consider all appropriate factors including, but not limited to, cost, administrative burden, and delay that would be imposed if the provision were not waived. (d) Standard State and Federal -aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821, May 3, 1984; 58 FR 38975, July 21, 1993] CHILD SUPPORT STATEMENT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. County: Tarrant TxDOT CSJ: 801991787 Business Entity Submitting Bid: Bunting Graphics, Inc. 71M T34=- Project Name: City of Fort Worth Wayfinding LG Project Number: 302825 number of Individuals owning 25% or more of the business entity submitting the bid. 1. In the spaces below please provide the names and social security number of individuals owning 25% or more of the business. Joseph P. Bunting Joshua P. Bunting 2. Please check the box below If no individual owns 25% or more of the business. I i No Individual own 26% or more of the business. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651 -699), Under Section 231.00, Family Code, the vendor or applicant certifies that the Individual or business entity named In this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld If this certification Is Inaccurate. The information collected on this form will be maintained by Enter Local Government Name . With few exceptions, you are entitled an request to be informed about the Inforniatlon collected about you. Under Sections 552.021 and 552,023 of the Texas3govemment Code, you also are entitled to receive and review the information. Under Section 559.04 of the Govemrllde, you are also entitled to have Information about you corrected that you believe Is incorrect. P. hunting, President 2M May 27, 2014 M IF THIS PROJECT IS A JOINT VENTURE, OSHA Implementation Procedures The following requirements are to be followed for this project. § 635.108 Health and safety. Contracts for projects shall include provisions designed: (a) To insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and (b) To require that the contractor shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of persons working at the site of the project and the safety of the public and to protect property in connection with the performance of the work covered by the contract. Please Note: Bunting Graphics DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB does not do Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 1 Y /in of. An\r Kir rf I (See reverse for public burden disclosure.) 1. Type of�ederal Action: 2. Status of Federal Action: 3. Report Type: x a. contract x a. bid/offer/application ix a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d.loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Q Prime ❑ Subawardee and Address of Prime: Tier if known: Bunting Graphics, Inc. N/A 20 River Road Verona, PA 15147-1159 Congressional District, if known: 6. Federal Department/Agency: N/A S. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): Not Applicable 11, Information requested through this form is authorized by title 31 US section 1352 This disclosure of lobbying activities is a material representation of lact upon which reliance was placed by the tier above when this transaction was made or entered into This disclosure is required pursuant to 31 U S.0 1352. This information will be available for public inspection Any person who fads to fire the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than S100,000 lot each such failure Congressional District, if known: 7. Federal Program Name/Description: CFDA Number, if applicable: 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. IOa) ( last name, first name, Mill): Not Applicable Sig ature: Print Name Title: F Telephone IpArunting 412-43-0240 Date: 5/27/2014 Federal Use Only: `-� Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) Non -Collusion Affidavit and Debarment Certification PROJECT: FOR THE CONSTRUCTION OF MISCELLANEOUS WORK CONSISTING OF WAYFINDING SIGN INSTALLATIONS HIGHWAY: VA COUNTY:TARRANT TXDOT CSJ: 0902-48-802 INDIVIDUAL DOING BUSINESS UNDER A FIRM NAME OR FOR A CORPERATION The bidder being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with any bid or contract, and that the bidder intends to do the work with his own bonafide employees or subcontractors and will not bid for the benefit of another contractor. By submitting this non -collusion affidavit, the Contractor is certifying his status under penalty of perjury under the laws of the United States in accordance with the Debarment Certification attached, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. Name of Bidder : Trading and doing business as SIGNATURE OF BIDDER Joseph P. Bunting Print or type individual name Bunting Graphics, Inc. Print or type firm name 20 River Road, Verona, PA 15147-1159 Address Wit es -- - Sig, Liz Gamelier JoseO Print or type witness' name Print or If a Cor IrXividually .,ht+t`tg, President igner's name m affix Corporate Seal AFFIDAVIT MUST BE NOTARIZED Subscribed and sworn to before me this the // May 27th day of 20 14 Signatur )fNotary Public COM1V10NWEAt-nj OF PE0SYLVANiA _ Notarlal SealNotary publlo Ma'10rie R. unty Ve Verona Boro, NIP& YoCO My Commission Expires June 201 201 Mer, bPr, pennNlvanla rssoriatlon of Notaries NOTARY SEAL Wayfinding Sign Installations Project Number - 302825 Form 1560-CS Texas Department of Transportation Professional Provider Insurance INSTRUCTIONS (Page01 /of 2 (Previously Known As Form 1560-CSS) BEFORE YOU SUBMIT THIS FORM, MAKE SURE: • You have the most current 1560-CS TxDOT form. Go to the following TxDOT Internet site: httD://www.txdot.aov/business/consultants/insurance.html then look for the Form 1560-CS. • You have entered the 11-digit Vendor Identification Number, which includes your nine -digit FEIN (Federal Employer Identification Number). • You have entered each authorized agent's complete address, telephone number, policy expiration dates, sign and date. • If more than one agent covers different types of insurance (one writes Workers' Compensation, but another writes Auto), both have issued the certificate in its entirety. • You have provided all requested information on the forms, which may be faxed but must be followed up with the originally signed forms to the address listed below. • The form is being submitted in connection with a professional services contract. • For construction and maintenance contracts, go to the following TxDOT Internet site: htto://www.txdot.aov/business/contractors/contractor-insurance. html then look for the Form 1560. DO NOT COMPLETE THIS FORM UNLESS WORKERS' COMPENSATION IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TxDOT. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service company is providing insurance, the staff leasing company name is shown first as the named insured and then in parenthesis identify the contractor/client company (i.e. XYZ Staff 4 U, Inc. -staff leasing service company (ABC Engineering, Inc.)). Show contact information (i.e. address, phone number, and etc.) for the insured/staff leasing service company in the appropriate spaces. Show the contact information (i.e. address, phone number, and etc.) for the contractor/client company in the appropriate spaces. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects or contracts on this form. Over -stamping or over -typing entries on the certificate of insurance are not acceptable if they change the provisions of the certificate in any manner. Stamped, typed, or printed signatures are not acceptable. Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike through or cross out the pre-printed limit. Binder numbers are not acceptable for policy numbers. WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees, including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately, they must be at least these amounts: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: The coverage amount for a Business Automobile Policy may be shown as a minimum of $600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. Personal Automobile Liability Insurance is not an acceptable substitute for a Business Automobile Policy. MAIL CERTIFICATES TO: Texas Department of Transportation Contract Services Office 125 E. 11 th St. Austin, TX 78701-2483 512416-4620 (V) 512-416-4621 (F) Form 1560-CS Texas Department of Transportation (TxDOT) Professional Provider Insurance ,",��� CERTIFICATE OF INSURANCE (Page2o1f2 of Tnnsporfat7on (Previously Known As Form 1560-CSS) This certificate of insurance is provided for informational purposes only. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. The terms of the referenced policies control over the terms of this certificate. Prior to the beginning of work, the Contractor shall obtain the minimum insurance and endorsements specified. Only the TxDOT certificate of insurance form is acceptable as proof of insurance for department contracts. Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page one of this form. Copies of endorsements listed below are not required as attachments to this certificate. Insured: Street/Mailing Address: City: Phone Number: Contractor/Client (if applicable): Street/Mailing Address: City: Phone Number: Workers' Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Address: Type of Insurance I Policy Number Workers' Compensation Commercial General Liability Insurance: Carrier Name: Address: Type of Insurance Policy Number Commercial General Liability Insurance Bodily Injury Property Damage OR Commercial General Liability Insurance Automobile Liability Insurance: ICarrier Name: IAddress: Type of Insurance Policy Number Business Automobile Policy Bodily Injury Property Damage State: Vendor ID Number (11 digits): State: Vendor ID Number (11 digits): Carrier Phone Number: City: Effective Date I Expiration Date Carrier Phone Number: City: Effective Date Expiration Date Carrier Phone Number: City: Effective Date Expiration Date Authorized Agent name, address and zip code: Zip Code: Zip Code: State: I Zip: Limits of Liability Not Less Than: Statutory - Texas I State: I Zip: Limits of Liability Not Less Than: $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate OR $600,000 combined single limit I State: I Zip: Limits of Liability Not Less Than: $250,000 each person $500,000 each occurrence $100,000 each occurrence THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and review the information. Under section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. Area Code ( ) Authorized Agent's Phone Number Original Signature of Authorized Agent Date CERTIFICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK By signing this proposal, the bidding firm and the signer certify that the following information, as indicated by checking "Yes" or "No" below, is true, accurate, and complete. A. Quotation(s) have been issued in this firm's name to other firm(s) interested in this work for consideration for performing a portion of this work. YES NO B. If this proposal is the low bid, the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received auotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave auotations for work on this project. CONTRACTOR'S ASSURANCE (Subcontracts -Federal Aid Projects) By signing this proposal the contractor is giving assurances that all subcontract agreements of $10,000 or more on this project will incorporate the following: Special Provision "Certification of Nondiscrimination in Employment" Special Provision "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) Special Provision "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal -aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more) Applicable "Wage Determination Decision" Also, by signing this proposal the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provisions. Prevailing Minimum Wage General Decision Number: TX140035 01/03/2014 Superseded General Decision Number: TX20130035 State: Texas Construction Type: Highway TX35 Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Modification Number Publication Date 0 01/03/2014 * SUTX2011-007 08/03/2011 Rates CONCRETE FINISHER (Paving and Structures) ......................$ 14.12 ELECTRICIAN ......................$ 19.80 FORM BUILDER/FORM SETTER Paving & Curb ...............$ 13.16 Structures ..................$ 13.84 LABORER Asphalt Raker ...............$ 12.69 Flagger.....................$ 10.06 Laborer, Common .............$ 10.72 Laborer, Utility ............ $ 12.32 Pipelayer...................$ 13.24 Work Zone Barricade Servicer....................$ 11.68 POWER EQUIPMENT OPERATOR: Asphalt Distributor ......... $ 15.32 Asphalt Paving Machine ...... $ 13.99 Broom or Sweeper ............ $ 11.74 Concrete Pavement Finishing Machine ........... $ 16.05 Concrete Saw ................$ 14.48 Crane Operator, Lattice Boom 80 Tons or Less ........ $ 17.27 Crane Operator, Lattice Boom over 80 Tons ........... $ 20.52 Crane, Hydraulic 80 Tons or Less .....................$ 18.12 Crawler Tractor .............$ 14.07 Fringes Prevailing Minimum Wage Excavator, 50,000 pounds or less .....................$ 17.19 Excavator, over 50,000 pounds ......................$ 16.99 Foundation Drill , Truck Mounted .....................$ 21.07 Foundation Drill, Crawler Mounted .....................$ 17.99 Front End Loader 3 CY or Less ........................$ 13.69 Front End Loader, over 3 CY.$ 14.72 Loader/Backhoe..............$ 15.18 Mechanic ....................$ 17.68 Milling Machine .............$ 14.32 Motor Grader, Fine Grade .... $ 17.19 Motor Grader, Rough ......... $ 16.02 Pavement Marking Machine .... $ 13.63 Reclaimer/Pulverizer........ $ 11.01 Roller, Asphalt .............$ 13.08 Roller, Other ...............$ 11.51 Scraper .....................$ 12.96 Small Slipform Machine ...... $ 15.96 Spreader Box ................$ 14.73 Servicer .........................$ 14.58 Steel Worker (Reinforcing) ....... $ 16.18 TRUCK DRIVER Lowboy -Float ................$ 16.24 Off Road Hauler .............$ 12.25 Single Axle .................$ 12.31 Single or Tandem Axle Dump Truck .......................$ 12.62 Tandem Axle Tractor with Semi Trailer ................$ 12.86 Transit -Mix .................$ 14.14 WELDER ...........................$ 14.84 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical Prevailing Minimum Wage order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests Prevailing Minimum Wage for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Prison Produced Materials 635.417 Convict produced materials. (a) Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal -aid highway construction project if such materials have been: (1) Produced by convicts who are on parole, supervised release, or probation from a prison or (2) Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal -aid highway construction does not exceed the amount of such materials produced in such facility for use in Federal -aid highway construction during the 12-month period ending July 1, 1987. (b) Qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in Federal -aid highway construction projects. Differing Site Conditions (a) Except as provided in paragraph (b) of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project approved under 23 U.S.C. 106: (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the STD's at their option.) (2) Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change" shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. (b) The provisions of this section shall be governed by the following: (1) Where State statute does not permit one or more of the contract clauses included in paragraph (a) of this section, the State statute shall prevail and such clause or clauses need not be made applicable to Federal -aid highway contracts. (2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph (a) of this section, such clause or clauses, as developed by the State transportation department may be included in Federal -aid highway contracts in lieu of the corresponding clause or clauses in paragraph (a) of this section. The State's action must be pursuant to a specific State statute requiring differing contract conditions clauses. Such State developed clause or clauses, however, must be in conformance with 23 U.S.C., 23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E. (c) In the case of a design -build project, STDs are strongly encouraged to use "suspensions of work ordered by the engineer" clauses, and may consider "differing site condition" clauses and "significant changes in the character of work" clauses which are appropriate for the risk and responsibilities that are shared with the design -builder. Project Number: STP 2003 (528) min Sheet A County: TARRANT Highway: VA Special Notes: Control: 0902-48-802 Single lane closures, except as otherwise shown in the plans, will be restricted to off-peak hours as defined in the following table: Peak Hours Off -Peak Hours 7 to 9 AM 4 to 6 PM 9 AM to 4 PM All day Saturday Monday through Monday through and and Sunday Friday Friday 6 PM to 7 AM Monday through Friday Work that requires closure of multiple travel lanes in the same direction, except as otherwise shown in the plans, will be performed at night between the hours of 9:00 pm and 6:00 am. Existing storm sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work. For dimensions of R.O.W. not shown on the plans, see R.O.W. map on file at the TxDOT District Office or City of Fort Worth plan room. Take care that existing curb and curb and gutter is not discolored or damaged during construction operations. In the event of discoloration or damage, clean or repair as directed. Remove any obstructions to existing drainage due to the contractor's operations, as required, at the Contractor's expense. The City will perform certain preliminary work and will complete the work in such sequence and manner that the Contractor will be able to begin his work at the specified time. This work includes removal or relocation of existing signs as called out for in the plans. The following standard detail sheets have been modified: EPIC, SW3P. Item 5. Control of the Work When supplementary shop drawings, shop details, erection drawings, working drawings, forming plans or other drawings, are required, the drawings shall be prepared and submitted on sheets 8 1/2 by 11 inches, 17 by 22 inches, or full size drawings reduced to half scale if completely legible. If, in the opinion of the Engineer, the drawings are not completely legible, they shall be prepared and submitted on sheets 22 by 34 inches, with a one and one-half inch left margin, and a one-half inch top, right, and bottom margin. General Notes Sheet A Project Number: STP 2003 (528) mm Sheet B County: TARRANT Control: 0902-48-802 Highway: VA All sheets submitted shall have a title in the lower right hand corner. The title shall include the sheet index data shown on the lower right corner of the project plans, name of the structure or element or stream, sheet numbering for the shop drawings, name of the fabricator and the name of the Contractor. Item 7. Legal Relations and Responsibilities The total area disturbed for this project is 0.1 acres. The disturbed area in this project, all project locations in the Contract, and the Contractor project specific locations (PSLs), within 1 mile of the project limits, for the Contract will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the ROW. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres, provide a copy of the Contractor NOI for PSLs on the ROW to the Engineer and to the local government that operates a separate storm sewer system. Item 8. Prosecution and Progress Working days will be computed and charged in accordance with Article 8.3.A.1 Five -Day Workweek. Substantially complete the project in 141 working days. The number of working days for final acceptance will be 30 working days after the substantial completion of the project. Item 104. Removing Concrete Concrete removal, if required, is considered subsidiary to the wayfinding sign bid items. Item 502. Barricades, Signs, and Traffic Handling Permanent signs may be installed when construction in an area is complete and they will not be in conflict with the traffic control plan for the remainder of the job. Existing signs are to remain as long as they do not interfere with construction and they do not conflict with the traffic control plan. Any sign not detailed in the plans but called for in the layout shall be as shown in the current "Standard Highway Sign Designs for Texas". General Notes Sheet B Project Number: STP 2003 (528) mm Sheet C County: TARRANT Control: 0902-48-802 Highway: VA When traffic is obstructed, arrange warning devices in accordance with arrangements indicated in the latest edition of the "Texas Manual on Uniform Traffic Control Devices". Cover or remove any work zone signs when work or condition referenced is not occurring. Item 1122. Temporary Erosion, Sedimentation, and Environmental Controls The SW3P for this project shall consist of using the following items as directed: a. Temporary sediment control fence Remove accumulated sediment and/or replace SW3P controls when the capacity has been reduced by 50% or when the depth of sediment at the control structure exceeds one foot. General Notes Sheet C TxDOT Standard Specifications List The following are governing specifications for the Wayfinding Sign Installations project in Fort Worth, Texas. All specifications applicable to traffic signal equipment and construction for this project are identified as follows: TxDOT Standard Specifications: Adopted by the Texas Department of Transportation June 1, 2004. Standard specifications are incorporated into the contract by reference. Items 1 - 9 Item 500 Mobilization Item 502 Barricades, Signs, and Traffic Handling TxDOT Special Provisions SP000-003 Notice to All Bidders SP000-004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) SP000-006 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) SP000-009 Certification of Nondiscrimination in Employment SP000-011 Department Mailing and Physical Address SP000-1483 Notice of Changes to U.S. Department of Labor Required Payroll Information SP000-1966 Disadvantaged Business Enterprise in Federal Aid Contracts SP000-2329 Partnering SP000-2332 Schedule of Liquidated Damages SP000-2607 Nondiscrimination SP000-2638 On -the -Job Training Program SP000-2839 Important Notice to Contractors SP001-015 Definition of Terms SP002-017 Instructions to Bidders SP004-017 Scope of Work SP005-004 Control of the Work SP006-047 Control of Materials SP007-918 Legal Relations and Responsibilities SP008-119 Prosecution and Progress SP009-004 Measurement and Payment SP009-015 Measurement and Payment SP500-011 Mobilization SP502-033 Barricades, Signs, and Traffic Handling SP 1122-002 Temporary Erosion, Sedimentation, and Environmental Controls TxDOT Special Specifications Item 1122 Temporary Erosion, Sedimentation, and Environmental Controls Item 2213 Decorative Wayfinding Sign Assemblies ITEM 1 DEFINITION OF TERMS 1.1. Applicability. Wherever the following terms are used in these specifications or other Contract documents, the intent and meaning will be interpreted as shown below. 1.2. Abbreviations: AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSA American Lumber Standard Committee, Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA APA-The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance -of -Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood -Preservers' Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration, U.S. Department of Transportation FSS Federal Specifications and Standards (General Services Administration) GSA General Services Administration ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITE Institute of Transportation Engineers LRFD Load Resistance Factor Design MIL Military Specifications NCHRP National Cooperative Highway Research Program NEC National Electrical Code (Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance OSHA Occupational Safety & Health Administration, U.S. Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PSI Pounds Per Square Inch PPI Plastics Pipe Institute PS&E Plans, Specifications, and Estimate RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SAE Society of Automotive Engineers SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TMUTCD Texas Manual on Uniform Traffic Control Devices for Streets and Highways UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 1.3. A+B Bidding. A cost -plus -time bidding procedure. rP 1.4. Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media. 1.5. Actual Cost. Contractor's actual cost to provide labor, material, equipment, and project overhead necessary for the work. 1.6. Addendum. Change in proposal forms developed between advertising and bid submittal deadline. 1.7. Advertisement. The public announcement required by law inviting bids for work to be performed or materials to be furnished. 1.8. Air Blasting. Spraying blasts of pressurized air free of oil and moisture. 1.9. Air Temperature. The temperature measured in degrees Fahrenheit (°F) in the shade, not in the direct rays of the sun, and away from artificial heat. 1.10. Anticipated Profit. Profit for work not performed. 1.11. Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Department. 1.12. Architect of Record. A person registered as an architect or licensed as a landscape architect, in accordance with State law, exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract; or a firm employed by the State to provide professional architectural services. 1.13. Arterial Highway. A highway used primarily for through traffic and usually on a continuous route. 1.14. Available Bidding Capacity. The Contractor's approved bidding capacity less uncompleted work on Department Contracts. 1.15. Award. The Commission's acceptance of a Contractor's bid for a proposed Contract that authorizes the Department to enter into a Contract. 1.16. Bid Bond. The security executed by the Contractor and the Surety furnished to the Department to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 1.17. Bid Error. A mathematical mistake made by the prime Contractor in the unit price entered into the proposal. 1.18. Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed Contract. 1.19. Bidders Questionnaire. A prequalification form completed by a prospective Bidder reflecting a Bidder's financial data and experience. 1.20. Bidding Capacity. The maximum dollar value a Contractor may have under Contract with the Department at any given time. 1.21. Blast Cleaning. Using 1 of the blasting methods including, but not limited to, water blasting, low-pressure water blasting, high-pressure water blasting, abrasive blasting, water -abrasive blasting, shot blasting, slurry blasting, water injected abrasive blasting, and brush blasting. 1.22. Bridge. A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway, or a railway) having a roadway or track for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of arches, or extreme ends of the openings for multiple box culverts. 1.23. Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material. 1.24. Building Contract. A Contract entered under Transportation Code, Chapter 223, Subchapter A, "Competitive Bids," for the construction or maintenance of a Department building or appurtenance facilities. Building Contracts are considered to be construction Contracts. 1.25. Callout Work. Contracts, or work items in Contracts, that require a Contractor's response on an as -needed basis (e.g., see Item 351, "Flexible Pavement Structure Repair"). 1.26. Certificate of Insurance. A form approved by the Department covering insurance requirements stated in the Contract. 1.27. Change Order. Written order to the Contractor detailing changes to the specified work, item quantities or any other modification to the Contract. 1.28. Commission. The Texas Transportation Commission or authorized representative. 1.29.. Construction Bulletin C-8. Manual of procedures for driving and test loading piling. 1.30. Construction Bulletin C-9. Manual of procedures for constructing and test loading drilled shafts. 1.31. Construction Contract. A Contract entered under Transportation Code, Chapter 223, Subchapter A, for the construction, reconstruction, or maintenance of a segment of the State highway system. 1.32. Consultant. The licensed professional engineer or engineering firm, or the architect or architectural firm, registered in the State of Texas and under Contract to the Department to perform professional services. The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 4 1.33. Contract. The agreement between the Department and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 1.34. Contract Documents. Elements of the Contract including but not limited to the plans, specifications incorporated by reference, special provisions, special specifications, Contract bonds, change orders, and supplemental agreements. 1.35. Contract Time. The number of working days specified for completion of the work including authorized additional working days. 1.36. Contractor. The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the Department. 1.37. Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in part, from or to abutting land or intersecting streets, roads, highways, alleys, or other public or private ways. 1.38. Control of Access. The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority. 1.39. Control Point. An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 1.40. Cross -Sections. Graphic representations of the original ground and the proposed facility, at right angles to the centerline or base line. 1.41. Culvert. Any buried structure providing an opening under a roadway for drainage or other purposes. Culverts may also be classified as bridges. (See Article 1.22, "Bridge.") 1.42. Cycle. The activity necessary for performing the specified work within the right of way project limits once. 1.43. Daily Road -User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 1.44. Date of Written Authorization. Date of the written work order authorizing the Contractor to begin work. 1.45. Debar (Debarment). Action taken by the Department or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a highway improvement Contract as defined in Transportation Code, Chapter 223, Subchapter A. 1.46. Detour. A temporary traffic route around a closed portion of a road. 1.47. Department. The Texas Department of Transportation (TxDOT). 1.48. Departmental Material Specifications (DMS). Reference specifications for various materials published by the Construction Division. 1.49. Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 1.50. Disadvantaged Business Enterprise (DBE). A small business, certified by the Department, that is 51 % owned by 1 or more minorities or women, or in the case of a publicly owned business, at least 5 1 % of the stock is owned by 1 or more minorities or women, and whose management and daily business operations are controlled by 1 or more of these individuals. 1.51. Divided Highway. A highway with separate roadways intended to move traffic in opposite directions. 1.52. Easement. A real property right acquired by 1 party to use land belonging to another party for a specified purpose. 1.53. Engineer. The Executive Director of the Department or the authorized representative of the Executive Director. 1.54. Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections 1.55. Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials furnished with markups for project overhead and profit. 1.56. Freeway. An expressway with full control of access. 1.57. Frontage Road. A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access (sometimes known as a service road, access road, or insulator road). 1.58. Hazardous Materials or Waste. Hazardous materials or waste include but are not limited to explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials, corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations. 1.59. High -Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi. 1.60. Highway, Street, or Road. General terms denoting a public way for purposes of vehicular travel, including the entire area within the right of way. Recommended usage in urban areas is highway or street; in rural areas, highway or road. 1.61. Historically Underutilized Business (HUB). A corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit certified by the 6 Texas Building and Procurement Commission, and 51 % owned by 1 or more persons who are economically disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, Asian -Pacific Americans, Native Americans, or women, and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business' affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 1.62. Incentive/Disincentive Provisions. An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates. The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control, delays to the motorists, and other items involved in the Contract. 1.63. Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program. The tests are performed by the Department and are not used for acceptance purposes. 1.64. Inspector. The person assigned by the Engineer to inspect for compliance with the Contract any or all parts of the work and the materials used. 1.65. Intersection. The general area where 2 or more highways, streets, or roads join or cross, including the roadway and roadside facilities for traffic movements within it. 1.66. Island. An area within a roadway from which vehicular traffic is intended to be excluded, together with any area at the approach occupied by protective deflecting or warning devices. 1.67. Joint venture. Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid proposal. 1.68. Lane Rental. A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or combination of lanes and shoulders taken out of service. 1.69. Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder. 1.70. Letting Official. The Executive Director or any Department employee empowered by the Executive Director to officially receive bids and close the receipt of bids at a letting. 1.71. Licensed Professional Engineer. A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer. 1.72. Limits of Construction. An area with established boundaries, identified within the highway right of way and easements, where the Contractor is permitted to perform the work. 7 1.73. Local Street or Road. A street or road primarily for access to residence, business, or other abutting property. 1.74. Low -Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi. 1.75. Major Item. An item of work included in the Contract that has a total cost equal to or greater than 5% of the original Contract or $100,000 whichever is less. 1.76. Manual of Testing Procedures. Department manual outlining test methods and procedures maintained by the Materials and Pavements Section of the Construction Division. 1.77. Materially Unbalanced Bid. A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the State. 1.78. Mathematically Unbalanced Bid. A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs. 1.79. Median. The portion of a divided highway separating the traffic lanes in opposite directions. 1.80. Milestone Date. The date that a specific portion of the work is to be completed, before the completion date for all work under the Contract. 1.81. Multiple Work Order Contracts. Contracts with recurring maintenance or non - site -specific work. 1.82. National Holiday. January 1, the last Monday in May, July 4, the first Monday in September, the fourth Thursday in November, December 24, or December 25. 1.83. Nonhazardous Recyclable Material (NRM). A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 1.84. Nonresident Bidder. A Bidder whose principal place of business is not in Texas. This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 1.85. Nonresponsive Proposal. A proposal that does not meet the criteria for acceptance contained in the proposal form. 1.86. Non -Site -Specific Contracts. Contracts in which a geographic region is specified for the work and for which work orders, with or without plans, further detail the limits and work to be performed. 1.87. Notification. Either written or oral instruction to the Contractor concerning the work. Voice mail is oral notification. 8 1.88. Pavement. That part of the roadway having a constructed surface for the use of vehicular traffic. 1.89. Pavement Structure. Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. A. Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists skidding, traffic abrasion, and the disintegrating effects of climate and is sometimes called the wearing course. B. Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course. C. Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. D. Subgrade Treatment. Modifying or stabilizing material in the subgrade. 1.90. Payment Bond. The security executed by the Contractor and the Surety, furnished to the Department to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 1.91. Performance Bond. The security executed by the Contractor and the Surety, furnished to the Department to guarantee the completion of the work in accordance with the terms of the Contract. 1.92. Plans. The drawings approved by the Engineer including true reproductions of the drawings that show the location, character, dimensions, and details of the work and are a part of the Contract. 1.93. Power of Attorney for Surety Bonds. An instrument under corporate seal appointing an attorney -in -fact to act on behalf of a Surety in signing bonds. 1.94. Prequalification. The process for determining a Contractor's eligibility to bid work. 1.95. Prequalification Statement. The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 1.96. Project -Specific Location (PSL). A material source, plant, waste site, parking area, storage area, field office, staging area, haul road, or other similar location either outside the project limits or within the project limits but not specifically addressed in the PS&E. PSLs defined here are the work areas that exist only for the specific Contract. 1.97. Proposal. The offer of the Bidder submitted on the prescribed form, including addenda issued, giving unit bid prices for performing the work described in the plans and specifications. 1.98. Proposal Form. The document issued by the Department for a proposed Contract that includes: • the specific locations (except for non -site -specific work) and description of the proposed work; • an estimate of the various quantities and kinds of work to be performed or materials to be furnished; • a schedule of items for which unit prices are requested; • the number of working days within which the work is to be completed (or reference to the requirements); and • the special provisions and special specifications applicable to the proposed Contract. 1.99. Proposal Guaranty. The security designated in the proposal and furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 1.100. Quality Assurance (QA). Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions. 1.101. Quality Control (QC). Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 1.102. Ramp. A section of highway for the primary purpose of making connections with other highways. 1.103. Recurring Maintenance Work Contracts. Contracts or work for which maintenance is needed at the same location on more than one occasion (e.g., mowing contracts for which mowing cycles are requested on multiple occasions). 1.104. Referee Tests. Tests requested to resolve differences between Contractor and Engineer test results. The referee laboratory is the Construction Division, Materials and Pavements Section. 1.105. Regular Item. A bid item contained in a proposal and not designated as an alternate bid item. 1.106. Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates. 1.107. Responsive Bid. A proposal that meets all requirements of the proposal form for acceptance. 1.108. Right of Way. A general term denoting land or property devoted to transportation purposes. 1.109. Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and shoulders. On divided highways, the depressed median type and the raised median type highways are considered to have 2 roadbeds. Highways with a flush median are considered to have 1 roadbed. 1.110. Road Master. A railroad maintenance official in charge of a division of railway. 1.111. Roadside. The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 1.112. Roadway. The portion of the highway (including shoulders) used by the traveling public. 10 1.113. Routine Maintenance Contract (RMC). A Contract let through the routine maintenance contracting procedure to preserve and repair roadways, rights of way, and appurtenances. 1.114. Sandblasting, Dry. Spraying blasts of pressurized air combined with sand. 1.115. Sandblasting, Wet. Spraying blasts of pressurized water combined with sand. 1.116. Shoulder. That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 1.117. Shot Blasting. Spraying blasts of pressurized air combined with metal shot. 1.118. Sidewalk. Portion of the right of way constructed exclusively for pedestrian use. 1.119. Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 1.120. Special Provisions. Additions or revisions to these standard specifications or special specifications. 1.121. Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. 1.122. Specifications. Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. References to DMSs, ASTM or AASHTO specifications, or Department bulletins and manuals, imply the latest standard or tentative standard in effect on the date of the proposal. The Engineer will consider incorporation of subsequent changes to these documents in accordance with Item 4, "Scope of Work." 1.123. Small Business Enterprise (SBE). A firm (including affiliates) whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 1.124. State. The State of Texas. 1.125. State Holiday. A holiday authorized by the State Legislature excluding optional state holidays and not listed in Article 1.82, "National Holidays." Contact the Construction Division for a list. 1.126. Station. A unit of measurement consisting of 100 horizontal feet. 1.127. Subcontract. The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 1.128. Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, truck owner -operator, wholly 11 owned subsidiary, or specialty -type businesses such as security companies and rental companies. 1.129. Subsidiary. Materials, labor, or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 1.130. Substructure. The part of the structure below the bridge seats or below the springing lines of arches. Parapets, back walls, and wing walls of abutments are considered as parts of the substructure. 1.131. Superintendent. The representative of the Contractor who is available at all times and able to receive instructions from the Engineer or authorized Department representatives and to act for the Contractor. 1.132. Superstructure. The part of the structure above the bridge seats or above the springing lines of arches. 1.133. Supplemental Agreement. Written agreement entered into between the Contractor and the State and approved by the Surety, covering alterations and changes in the Contract. A supplemental agreement is used by the Department whenever the modifications include assignment of the Contract from 1 entity to another or other cases as desired by the Department. 1.134. Surety. The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 1.135. Surplus Materials. Any debris or material related to the Contract not incorporated into the work. 1.136. Traffic Lane. The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 1.137. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 1.138. Truck Owner -Operator. An individual who owns and operates 1 truck for hire. 1.139. Utility. Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power, heat, gas, oil, water, waste, or storm water that are not connected with the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility company. 1.140. Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing. 1.141. Water -Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. 12 1.142. Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi. 1.143. Water -Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 1.144. Wholly Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor. 1.145. Work. The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful completion of the Contract. 1.146. Work Order. Written notice to the Contractor to begin the work. The work order may include the date on which work or time charges are to begin, the number of working days for specified work (for multiple work order Contracts), and plan sheets providing additional details specific to a location or to an item of work for non -site -specific work. 1.147. Written Notice. Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last known business address; sent by facsimile to the last known phone number; or sent by e-mail to the last known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. 13 ITEM 2 INSTRUCTIONS TO BIDDERS 2.1. Introduction. Instructions to the Contractor in these specifications are generally written in active voice, imperative mood. The subject of imperative sentences is understood to be "the Contractor." The Department's responsibilities are generally written in passive voice, indicative mood. Phrases such as "as approved," "unless approved," "upon approval," "as directed," "as verified," "as ordered," and "as determined" refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authorized by the Contract. 2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Form and an audited financial statement, or a Bidder's Questionnaire Form, at least 10 days before the date that bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders prequalified with a Bidder's Questionnaire Form only are not eligible to bid on a proposal that require the Confidential Questionnaire Form and audited financial statements. Comply with all technical prequalification requirements in the proposal. Obtain prequalification forms from the Construction Division. 2.3. Issuing Proposal Forms. Request proposal forms orally or in writing. The Department will issue a proposal form to a prequalified Bidder meeting the requirements of the proposal form on request if the estimated cost of the proposed Contract is within that Bidder's available bidding capacity. In the case of a joint venture, all joint venture participants must be prequalified. An equally divided portion of the Engineer's estimate must be within each participant's available bidding capacity. The Department will not issue a proposal form if one or more of the following apply: • For a proposed Contract involving federal funds, at the time of the request the Bidder is disqualified by an agency of the federal government as a participant in programs and activities involving federal assistance and benefits. • For any proposed Contract, at the time of the request, the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding a specific proposal because of bid error or failure to enter into a Contract of the first awarded bid. • For any proposed Contract, at the time of the request, the Bidder has not fulfilled the requirements for prequalification. • For any proposed Contract, the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Department to participate in the preparation of the plans or specifications on which the bid or Contract is based. • For any proposed Contract, the Bidder did not attend an advertised mandatory pre -bid conference. 2.4. Interpreting Estimated Quantities. The quantities listed in the proposal form are approximate and will be used for the comparison of bids. Payments will be made for the work performed in accordance with the Contract. 2.5. Examining Documents and Work Locations. Examine the proposal form, plans, specifications, and specified work locations before submitting a bid for the work contemplated. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and underground utilities shown on the plans were obtained for use of the Department in the preparation of plans. This information is provided for the Bidder's information only and the Department makes no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for contractor -proposed changes in the proposal given during the bidding process are not binding. Only requirements included on the proposal and associated specifications and plans and in subsequent Department - issued addenda are binding. To allow the Department to reply before the bid opening date, request explanations of documents in adequate time. Immediately notify the Department of any error, omission, or ambiguity discovered in any part of the bid package. The Department will issue an addendum when appropriate. 2.6. Preparing the Proposal. Submit the proposal on the form furnished by the Department. Make entries in ink. Specify a unit price in dollars and cents for each Item for which an estimated quantity is given. When "Working Days" is an Item, submit the number of working days to be used to complete the Contract, or phases of the Contract shown on the plans. Include unit bid prices for each Item in the Item group or alternate Item group, except for instances when alternate Items pertain to foreign steel or iron materials. An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article 2.14, "Tabulating Bids." If a proposal contains alternate Items pertaining to foreign steel or iron materials and the Bidder wishes to bid using foreign steel or iron materials, submit unit prices for both the regular Items using domestic steel or iron materials and alternate Items using foreign steel or iron materials. If the Bidder wishes to bid using domestic steel or iron materials, submit unit prices only for the regular domestic Items; unit prices for alternate Items using foreign steel are not necessary. Execute the proposal in ink. Provide the complete and correct name of the Bidder submitting the proposal. The person authorized to bind the Bidder or Bidders must sign the proposal. In the case of a joint venture, the complete and correct name of all Bidders submitting the proposal must be provided and all persons authorized to bind the Bidders must sign the proposal. As an alternative to hand writing the unit prices in words in ink in the proposal, submit a computer printout signed by the person authorized to bind the Bidder. In the case of a joint venture, the persons authorized to bind the Bidders must sign the computer printout. As a minimum, computer printouts must contain the information in the format shown on the "Example of Bid Prices Submitted by Computer Printout" form in the proposal. Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda. Enter the date or dates of the addendum notification letter or letters on the addenda acknowledgement page in the proposal form. 2.7. Nonresponsive Proposals. A proposal that has one or more of the deficiencies listed below is nonresponsive and will not be considered. A. The person or, in the case of a joint venture, persons do not sign the proposal. B. The proposal guaranty does not comply with the requirements contained in Article 2.8, "Proposal Guaranty." C. The proposal is in a form other than the official proposal form issued to the Bidder or Bidders. D. The proposal was not in the hands of the letting official at the time and location specified in the advertisement. E. The proposal submitted has the incorrect number of Items. F. A computer printout, when used, is not signed in the name of the Bidder (or joint Bidders, in the case of a joint venture), is not in the proper format, or omits required Items or includes an Item or Items not shown in the proposal. G. The Bidder was not authorized to receive a proposal under Article 2.3, "Issuing Proposal Forms." H. The Bidder submits more than one proposal, under the same or different name, for a specific proposed Contract. (A Bidder may submit a bid proposal and participate as a material supplier, subcontractor, or both to any or all Bidders contemplating submitting a proposal for this work.) I. The Bidder fails to acknowledge or improperly acknowledges receipt of all addenda issued. J. The Bidder bids more than the maximum or less than the minimum number of allowable working days shown on the plans when working days is an Item. K. The Bidder modifies the proposal in a manner that alters the conditions or requirements for work as stated in the proposal form. L. The Bidder did not attend a specified mandatory pre -bid conference. 2.8. Proposal Guaranty. Include a proposal guaranty in the amount indicated on the proposal form, in the form of either a guaranty check or a bid bond. The proposal guaranty amount is fixed at the amount indicated on the proposal form on the date the bid proposal is released to the public. A. Guaranty Check. The proposal guaranty must be payable to the Texas Transportation Commission and must be a cashier's check, money order, or teller's check drawn by or on a state or national bank, a savings and loan association, or a state or federally chartered credit union (collectively referred to as "bank"). The type of check or money order must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The Department will not accept personal checks, certified checks, or other types of money orders as a proposal guaranty. B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of attorney attached, and in the amount specified on the bid bond form. The bond form must bear the impressed seal of the Surety and be signed by the Bidder and an authorized individual of the Surety. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with state law. 2.9. Delivery of Proposal. Place the completed proposal form and the proposal guaranty in a sealed envelope marked to indicate the contents. When submitting by mail, place the envelope in another sealed envelope and address as indicated in the official advertisement. It is the bidder's responsibility to ensure that the sealed proposal arrives at the location described in the official advertisement of the project on or before the hour and date set for the opening. The proposal must be in the hands of the Letting Official by that time, regardless of the method chosen for delivery, in order to be accepted. 2.10. Revising Proposals. Revisions to proposals will be handled as follows: A. Before Submission. In ink, make desired changes and initial the changes. B. After Submission. Withdraw the proposal in accordance with Article 2.11, "Withdrawing Proposals." In ink, make desired changes and initial the changes. Resubmit to the Letting Official in accordance with Article 2.9, "Delivery of Proposal." The Department will not make revisions to a proposal on behalf of a Bidder. C. After Bid Opening. Proposal revisions are not allowed after the time of bid opening. 2.11. Withdrawing Proposals. Submit a signed written request to the Letting Official. The Department will not accept telephone or electronic requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the Bidder, and must be in the hands of the Letting Official before the scheduled bid opening. 2.12. Public Opening of Proposal. Bids are opened and read publicly by the Letting Official at the time and location specified in the official advertisement. 2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the termination of the Contract and sanctions under the Texas Administrative Code. Termination of the Contract will be in accordance with Article 8.7, "Termination of Contract." 2.14. Tabulating Bids. A. Official Total Bid Amount. The Department will sum the products of the quantities and the unit prices bid in the proposal to determine the official total bid amount. Except as provided in Section 2.14.G, "Special Item Considerations," the official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public. B. Consideration of Bid Format. When a Bidder submits both a completed proposal form and a properly completed computer printout, the Department will use the unit bid prices shown on the computer printout to determine the total bid amount. If the computer printout is incomplete, the Department will use the completed proposal form to determine the total bid amount of the proposal. If a Bidder submits two or more acceptable computer printouts reflecting different totals, the Department will use the lowest tabulation of all printouts. C. Rounding of Unit Prices. The Department will round off all unit bids involving fractional parts of a cent to the nearest one -tenth cent in determining the amount of the bid as well as computing the amount due for payment of each Item under the Contract. For rounding purposes, entries of five -hundredths of a cent or more will be rounded up to the next highest tenth of a cent, while entries less than five -hundredths of a cent will be rounded down to the next lowest tenth of a cent. D. Interpretation of Unit Prices. The Department will make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. The Department's determination will be final. E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as one - tenth of a cent ($0.001). The Department will consider proposals where unit bid prices have been left blank incomplete and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of Items, the proposal will be considered complete if: • the regular Item or group of regular Items has unit prices entered, or • the alternate Item or group of alternate Items has unit prices entered. The bid will be considered incomplete and nonresponsive if: • a regular Item or group of regular Items is left blank, and • a corresponding alternate Item or group of alternate Items is left blank. F. Consideration of Alternate Items. The Department will make two calculations using one -tenth of a cent ($0.001) for each Item if: • a regular Item or a group of Items have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, and • a corresponding alternate Item or group of Items, have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. The Department will use the unit price that is greater than zero for bid tabulation if: • a unit price greater than zero has been entered for either a regular bid or a corresponding alternate Item or group of Items, and • an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of $0.00 has been entered for the other corresponding Item or group of Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the Department will select the option (regular or alternate) that results in the lowest cost to the State. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. G. Special Item Considerations. 1. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for "Hot Asphalt -Rubber Surface Treatments" or "Hot Mix Asphalt Concrete Pavement" which contains ground tire rubber is shown in the proposal and the Bidder bids that alternate Item, the amounts bid for "Hot Asphalt -Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be reduced to 85% of the amounts actually bid. This reduction will only be used for the purposes of determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from scrap tire ground in a facility in Texas. Payment for "Hot Asphalt - Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be at the actual unit prices bid. 2. "Buy America." For proposed Contracts where unit bid prices are submitted for both domestic and foreign steel or iron materials, the total bid amount will be calculated using both the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be the bid using foreign steel or iron materials. If the difference between the low bid using foreign steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%, the apparent low Bidder will be the bid using domestic steel or iron materials. 3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on proposed Contracts without federal funds, the total bid amount will be based upon the reverse application of the non-resident Bidder's home state bidding preference, if any. 2.15. Consideration of Bid Errors. The Department will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: • Submit written notification to the Department within 5 business days after the date the proposal is opened. • Identify the Items of work involved and include bidding documentation. The Department may request clarification of submitted documentation. The Department will evaluate the claim of an error by the apparent low Bidder by considering the following: • The bid error relates to a material Item of work. • The bid error amount is a significant portion of the total bid. • The bid error occurred despite the exercise of ordinary care. • The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Department will result in the rejection of all bids. The erring Contractor will not be allowed to bid the project when it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Department. 2.16. Tie Bids. If the official total bid amount for two or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If two or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed and the low Bidder will be determined by a coin toss. ITEM 3 AWARD AND EXECUTION OF CONTRACT 3.1. Award of Contract. The Commission or designated representative will award, reject, or defer the Contract within 30 days after the opening of the proposal. The Department reserves the right to reject any or all proposals and to waive technicalities in the best interest of the State. A. Award. The Commission or designated representative will award the Contract to the low Bidder as determined by Article 2.14, "Tabulation of Bids." The Commission may award a Contract to the second lowest Bidder when the following requirements have been met: 1. The Contract is for routine maintenance work with a bid less than $100,000. 2. The low Bidder withdraws its bid. 3. The low Bidder's unit bid prices are reasonable. 4. The Executive Director recommends in writing the award of the Contract to the second lowest Bidder. 5. The second lowest Bidder agrees to perform the work at the unit bid prices of the low Bidder. 6. The Commission agrees with the Executive Director's recommendation for award to the second lowest Bidder. B. Rejection. The Commission or designated representative will reject the Contract if: 1. Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future proposals for the same Contract. 2. The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future proposals for the same Contract. 3. The lowest bid is higher than the Department's estimate and re -advertising for bids may result in a lower bid. 4. The low bid contains a bid error that satisfies the requirements and criteria in Article 2.15, "Consideration of Bid Errors." 5. Rejection of the Contract is in the best interest of the State. C. Deferral. The Commission may defer the award or rejection of the Contract when deferral is in the best interest of the State. 3.2. Rescinding of Award. The Commission or designated representative reserves the right to cancel the award of any Contract before contract execution with no compensation due when the cancellation is in the best interest of the State. The Department will return the proposal guaranty to the Contractor. 3.3. Disadvantaged Business Enterprise (DBE)/Small Business Enterprise (SBE). Submit all DBE/SBE information in the timeframe specified when required by the proposal. 3.4. Execution of Contract. Provide the following within 15 days after written notification of award of the Contract: A. Contracts. Executed by Contractor and Surety. B. Bonds. Executed performance bond and payment bond in the full amount of the Contract price with powers of attorney. Provide bonds in accordance with Table 1. Furnish the payment and performance bonds as a guaranty for the protection of the claimants and the Department for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than $25,000 None $25,000 to $100,000 Payment More than $100,000 Performance and Payment C. Certificate of Insurance. For construction and building Contracts, submit a certificate of insurance showing coverages in accordance with Contract requirements. For routine maintenance Contracts, refer to Article 3.8, "Beginning of Work," for submission requirements. D. Business Ownership Information. Submit the names and social security number of all individuals owning 25% or more of the firm, or firms in the case of a joint venture, on the Department's form. E. List of Quoting Suppliers and Subcontractors. For a construction Contract, submit a list of all suppliers and subcontractors that quoted on the Contract. Include names, addresses, telephone numbers, and types of work required. 3.5. Failure to Enter Contract. If the Contractor fails to comply with all of the requirements in Article 3.4, "Execution of Contract," the proposal guaranty will become the property of the State, not as a penalty, but as liquidated damages. The Contractor forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in design of the work. 3.6. Approval and Execution of Contract. The Contract will be approved and signed under authority of the Commission. 3.7. Return of Proposal Guaranty. The proposal guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 3.8. Beginning of Work. Do not begin work until authorized in writing by the Engineer. For a routine maintenance Contract, do not begin work until work is authorized in writing and a certificate of insurance showing coverages in accordance with the Contract requirements is provided and accepted. Upon execution of the Contract the Department may begin issuing work orders. Work orders may include additional plans describing the work (for non -site -specific work or Contracts) and the allowable number of working days (for recurring maintenance or non -site -specific work or Contracts). The additional plans associated with the work order will become a part of the Contract. In addition, when callout work is required, provide a method of contact (e-mail, phone, voice message, facsimile, or method shown on the plans) available from 8 A.M. until 5 P.M. every work day and 24 hr. a day, 7 days a week for work with emergency mobilization, unless otherwise shown on the plans. The time of notice will be the transmission time of the notice sent, provided orally, or provided in person by the Department's representative. Verify all quantities of materials shown on the plans before ordering. For non -site - specific Contracts, purchase of materials before a work order is issued requiring them, without prior written approval of the Engineer, is at the Contractor's risk and the Department is not obligated for cost of unused materials or work to acquire the materials. 3.9. Assignment of Contract. Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion rights, title, or interest (including claims) without the approval of the Commission or designated representative. The Department must deem any proposed assignment justified and legally acceptable before the assignment can take place. 3.10. Excluded Parties. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Department or any federal agency. ITEM 4 SCOPE OF WORK 4.1. Contract Intent. The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies, tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 4.2. Changes in the Work. The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the Contract nor release the Surety. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work, the Contract will be amended by a change order. If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree upon the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the Engineer may order the work to proceed under Article 9.5, "Force Account," or by making an interim adjustment to the Contract. In the case of an adjustment, the Engineer will consider modifying the compensation after the work is performed. A significant change in the character of the work occurs when: • the character of the work for any Item as altered differs materially in kind or nature from that in the Contract or • a major item of work varies by more than 25% from the original Contract quantity. (The 25% variance is not applicable to non -site -specific Contracts.) 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 theportion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. For routine maintenance Contracts only, if an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity -Based Price Adjustment Factors % of Original Quantity Factor > 50 and < 75 1.05 > 25 and < 50 ( 1.15 < 25 1.25 If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8, "Prosecution and Progress." 4.3. Differing Site Conditions. During the progress of the work, differing subsurface or latent physical conditions may be encountered at the site. The two types of differing site conditions are defined as: • those that differ materially from those indicated in the Contract and • unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the Contractor when the Department discovers differing site conditions. Unless directed otherwise, suspend work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether differing site conditions exist. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract, the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided. 4.4. Requests and Claims for Additional Compensation. Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The intent of the written notice requirement is to provide the Engineer an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. If written notice is not given, the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work. Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in sufficient detail to enable the Engineer to determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and compensation. A. Delay Claims. The intent of paying for delay damages is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or force account markups, other than labor burden, will be allowed. If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: 1. Standby Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month. • Standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. Operating costs will not be allowed. 2. Project Overhead. Project overhead will be determined from actual costs that the Contractor will be required to document. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. 3. Home Office Overhead. The Department will not compensate the Contractor for home office overhead. B. Dispute or Claims Procedure. Work with the Engineer to resolve all issues. If an issue cannot be resolved within a time frame agreed to by the Engineer, elevate the issue to appropriate District staff. If the issue cannot be resolved within the time frame established by the District, the Contractor may submit a contract claim to be handled in accordance with the Department's contract claim procedure maintained by the Construction Division. It is the Contractor's responsibility to prove or justify all claims and requests in a timely manner. 4.5. Maintenance of Traffic. In accordance with the approved traffic control plan and as specified in the Contract, keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Maintain the work in passable condition, including proper drainage, to accommodate traffic. Provide and maintain temporary approaches and crossings of intersecting highways in a safe and passable condition. Construct and maintain necessary access to adjoining property as shown in the plans or as directed. Furnish, install, and maintain traffic control devices in accordance with the Contract. The cost of maintaining traffic will be paid for in accordance with the Contract. The Engineer will notify the Contractor if, in the opinion of the Engineer, the above requirements are not met. The Department may perform the work necessary for compliance, but this does not change the legal responsibilities set forth in the Contract. The cost to the Department will be deducted from money due or to become due to the Contractor. 4.6. Final Cleanup. Upon completion of the work, remove litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work. Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to Items of the Contract. Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary structures, excess materials, and debris resulting from construction. Where work is in a stream, remove debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is higher. Dispose of all excess material in accordance with federal, state, and local regulations. ITEM 5 CONTROL OF THE WORK 5.1. Authority of Engineer. The Engineer has the authority to observe, test, inspect, approve, and accept the work. The Engineer decides all questions about the quality and acceptability of materials, work performed, work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer's decisions will be final and binding. 5.2. Plans and Working Drawings. When required, provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required, before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electronic and other alternative submission procedures. Have a licensed professional engineer sign, seal, and date the working drawings as indicated in Table 1. Prepare working drawings using United States standard measures and in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Department approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed under this Article will not be measured or paid for directly, but will be subsidiary to pertinent Items. Table 1 Signature and Approval Requirements for Workin Drawings Requires Licensed Requires Working Drawings For Professional Engineer's Departmental Signature, Seal, and Date Approval 1. Alternate or optional designs Yes Yes submitted by Contractor 2. Supplementary shop and No See applicable fabrication drawings for structural unless required Item Items on the plans 3. Contractor -proposed temporary facilities that affect the public Yes Yes safety, not included on the plans 4. Form and Bridges, falsework retaining walls, details Yes unless otherwise No and other major shown on the plans structures Minor No structures unless otherwise No shown on the plans 5. Erection drawings Yes No' 6. Contractor -proposed major modifications to traffic control Yes I Yes plan 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 5.3. Conformity with Plans, Specifications, and Special Provisions. Furnish materials and perform work in reasonably close conformity with the lines, grades, cross -sections, dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements shown in the Contract (including additional plans for non -site -specific work). Reasonably close conformity limits will be as defined in the respective Items of the Contract or, if not defined, as determined by the Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer's authority. Work performed beyond the lines and grades shown on the plans or any extra work performed without authority is considered unauthorized and excluded from pay consideration. The Department will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor's control. A. Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements, but is adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted and remain in place. The Engineer will document the basis of acceptance by a letter and may adjust the Contract price. B. Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective. Correct, or remove and replace, the work at the Contractor's expense, as directed. The Department has the authority to correct or to remove and replace defective or unauthorized work. The cost may be deducted from any money due or to become due to the Contractor. 5.4. Coordination of Plans, Specifications, and Special Provisions. The specifications, accompanying plans (including additional plans for non -site -specific work), special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including general notes), which govern over standard specifications and special specifications. Job -specific plan sheets govern over standard plan sheets. However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1 through 9 and Item 502, "Barricades, Signs, and Traffic Handling," special provisions govern over standard specifications and special specifications, which govern over the plans. Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered. 5.5. Cooperation of Contractor. Cooperate with the Engineer, other Contractors, and utility and railroad companies. All work associated with fulfilling this requirement is subsidiary to the various Items of the Contract and no direct compensation will be made. Provide all information necessary to administer the Contract. Maintain at least one copy of the Contract at the work locations at all times. Designate in writing a competent, English-speaking Superintendent employed by the Contractor. The Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Department representatives and to act for the Contractor. The Engineer may suspend work if a Superintendent is not available or does not meet the above criteria; however, working day charges will not be suspended. A. Cooperating with the Engineer. Cooperate with the Engineer in every way possible. Respond promptly to instructions from the Engineer. B. Cooperating with Utilities. Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work. Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans, the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities. Allow utilities access to the right of way. Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is restored. Maintain access to fire hydrants when necessary. C. Cooperation Between Contractors. Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. D. Cooperation with Railroads. Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company. 5.6. Construction Surveying. Use Method A unless otherwise specified in the Contract. Upon request, the Engineer will allow the Contractor to copy available earthwork cross - sections, computer printouts or data files, and other information necessary to establish and control work. Maintain the integrity of control points. Preserve all control points, stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control points, stakes, marks, and right of way markers. If the Department repairs disturbed control points, stakes, marks, or right of way markers, the cost of repair may be deducted from money due or to become due to the Contractor. Replace right of way markers under the direction of a RPLS. This work will be subsidiary to pertinent Items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying. A. Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for providing both vertical and horizontal control at maximum intervals of 1,500 ft. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. B. Method B. The Engineer will set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work, stakes, materials, and templates necessary for marking and maintaining points and lines. C. Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. 5.7. Inspection. Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work performed and materials furnished, including preparation, fabrication, and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer. Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the Contractor, or interfere with the management of the work. Inspection or lack of inspection will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the Engineer, may be ordered removed and replaced at Contractor's expense. Remove or uncover portions of finished work as directed. Once inspected, restore work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and replace or make good the parts removed will be paid for in accordance with Article 4.2, "Changes in the Work." If the work is unacceptable, assume all costs associated with repair or replacement, including the costs to uncover, remove, and replace or make good the parts removed. When a government entity, utility, railroad company, or other entity accepts or pays a portion of the Contract, that organization's representatives may inspect the work but cannot direct the Contractor. The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. 5.8. Final Acceptance. A. Routine Maintenance Contracts. The Engineer will perform final acceptance and notify the Contractor of acceptance. The Engineer may use final acceptance procedures shown for construction Contracts. B. Construction Contracts. Final acceptance is made when all work is complete and the Engineer, in writing, accepts all work for the work locations in the Contract. Final acceptance relieves the Contractor from further Contract responsibilities. 1. Work Completed. Work completed must include work for vegetative establishment and maintenance, test, and performance periods and work to meet the requirements of Article 4.6, "Final Cleanup." 2. Final Inspection. After all work is complete, the Engineer in charge of the work will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible, and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days, unless otherwise authorized by the Engineer. Upon correction, the Engineer will make an inspection to verify that all deficiencies were corrected satisfactorily. The Engineer will provide written notice of the final acceptance. 3. Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance. 4. Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance. C. Multiple Work Order Contracts. For contracts with multiple work orders (recurring maintenance work or non -site -specific Contracts), final acceptance may be made upon completion of the work for each work order, in accordance with Sections 5.8.A, "Routine Maintenance Contracts," and 5.8.11, "Construction Contracts." ITEM 6 CONTROL OF MATERIALS 6.1. Source Control. Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery. Materials can be approved at a supply source or staging area but may be reinspected in accordance with Article 6.4, "Sampling, Testing, and Inspection." A. Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR 635.410. Use steel or iron materials manufactured in the United States except when: • the cost of materials, including delivery, does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater; • the Contract contains an alternate Item for a foreign source steel or iron product and the Contract is awarded based on the alternate Item; or • the materials are temporarily installed. Provide a notarized original of the FORM D-9-USA-1 with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content, physical shape or size, or final finish of a product. Manufacturing begins with initial melting and mixing and continues through fabrication (cutting, drilling, welding, bending, etc.) and coating (paint, galvanizing, epoxy, etc.). B. Buy Texas. For construction or routine maintenance Contracts without federal funds, buy materials produced in Texas when the materials are available at a comparable price and in a comparable period of time. Provide documentation of purchases or a description of good -faith efforts on request. 6.2. Material Quality. Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Department for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the Department may remove and replace defective material. The cost of testing, removal, and replacement will be deducted from the estimate. 6.3. Manufacturer Warranties. Transfer to the Department warranties and guarantees required by the Contract or received as part of normal trade practice. 6.4. Sampling, Testing, and Inspection. Incorporate into the work only material that has been inspected, tested, and accepted by the Department. Remove, at the Contractor's expense, materials from the work locations that are used without prior testing and approval or written permission of the Engineer. The material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherwise noted, the Department will perform testing at its expense. In addition to facilities and equipment required by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction Items. If requested, provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material which that has been tested and approved at a supply source or staging area may be reinspected or tested before or during incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test results are available upon request. Do not use material that, after approval, becomes unfit for use. Unless otherwise noted in the Contract, all testing must be performed within the United States and witnessed by the Engineer. If materials or processes require testing outside the contiguous 48 United States, reimburse the Department for inspection expenses. 6.5. Plant Inspection and Testing. The Engineer may but is not obligated to inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. Materials produced under Department inspection are for Department use only unless released in writing by the Engineer. If inspection is at the plant, meet the following conditions unless otherwise specified: • Cooperate fully and assist the Engineer during the inspection. • Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. • In accordance with pertinent Items and the Contract, provide a facility at the plant for use by the Engineer as an office or laboratory. • Provide and maintain adequate safety measures and restroom facilities. • Furnish and calibrate scales, measuring devices, and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: • continuous production of materials for Department use is necessary due to the production volume being handled at the plant and • the lighting is adequate to allow satisfactory inspection. 6.6. Storage of Materials. Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way. Storage space off the right of way is at the Contractor's expense. 6.7. Department -furnished Material. The Department will supply materials as shown on the plans. The cost of handling and placing materials supplied by the Department will not be paid for directly but is subsidiary to the Item in which they are used. Assume responsibility for materials upon receipt. 6.8. Use of Materials Found on the Right of Way. Material found in the excavation areas and meeting the Department's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the Item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project -specific location (PSL), replace the removed material with suitable material at no cost to the Department as directed. 6.9. Recycled Materials. Hazardous wastes, as defined in 30 TAC 335, proposed for recycling will not be allowed in Department Contracts. Nonhazardous recyclable materials (NRMs) may be used unless disallowed or restricted by the Specification for the Item. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Furnish a written certification, sealed by a licensed professional engineer, that the NRMs are used in accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines." 6.10. Hazardous Materials. Use materials that are free of hazardous materials as defined in Item 1, "Definition of Terms." Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the Department may contain hazardous materials. The Department is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Department. The Contractor is not required to test, remediate, or remove hazardous materials that the Contractor did not introduce onto the work locations. The Engineer may suspend the work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Department. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contain hazardous materials, have an approved commercial laboratory test the materials for contamination. Remove, remediate, and dispose of any of these materials found to be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor's expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor. 6.11. Surplus Materials. Take ownership of surplus materials unless otherwise shown on the plans or directed. Remove and dispose of materials in accordance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property, provide written authorization from the property owner for the use of the property for this purpose, upon request. ITEM 7 LEGAL RELATIONS AND RESPONSIBILITIES 7.1. Laws to be Observed. Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the work. The Contractor is not required to comply with city electrical ordinances not included in this Contract. Indemnify and save harmless the State and its representatives against any claim arising from violation by the Contractor of any law, ordinance, or regulation. This Contract is between the Department and the Contractor only. No person or entity may claim third -party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract. 7.2. Permits, Licenses, and Taxes. Procure all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Department and as specified in Article 7.19, "Preservation of Cultural and Natural Resources and the Environment." 7.3. Patented Devices, Material, and Processes. Indemnify and save harmless the State from any claims for infringement from the Contractor's use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the State against any costs, expenses, or damages that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the completion of the work. 7.4. Insurance and Bonds. As specified in Article 3.4, "Execution of Contract," provide the Department with the Department's Certificate of Insurance verifying the types and amounts of coverage shown in Table 1. Table 1 Insurance Requirements Type of Insurance Amount of Coverage Commercial General Liability $600,000 combined single Insurance limit Business Automobile Policy: Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence Workers' Compensation Statutory By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance or legitimate alternates. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements of Table 1 either through their own coverage or through the Contractor's coverage. The coverage listed in Table 1 must remain in force until final acceptance. If the insurance lapses for any reason, stop all work until the Department receives an acceptable certificate of insurance. Commercial general liability and business automobile policies must include an endorsement naming the State as an additional named insured. Policies issued for coverage listed in Table I must include a waiver of subrogation endorsement in favor of the State. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the State. The substitute Surety must be authorized by the laws of the State and acceptable to the Department. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner. 7.5. Restoring Surfaces Opened by Permission. Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason without written permission from the Engineer. Repair all openings as directed. Payment for repair of surfaces opened by permission will be made in accordance with pertinent Items or Article 4.2, "Changes in the Work." Costs associated with openings made with Contractor authorization but without Department approval will not be paid. 7.6. Sanitary Provisions. Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including State employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities having jurisdiction. 7.7. Public Safety and Convenience. Manage construction to minimize disruption to traffic. Make every effort to ensure the safety and convenience of the public and property as provided in the Contract and as directed. Follow the safety provisions of all applicable rules, codes, and regulations. Keep all portions of the highway open to traffic, unless otherwise shown on the plans. Maintain the roadway in a good and passable condition. Provide for ingress and egress to adjacent property in accordance with the Contract and as directed. Provide suitable drainage of the roadway and erect temporary structures as required. If at any time during construction, the approved plan of operation does not accomplish the intended purpose due to any condition affecting the safe handling of traffic, immediately make necessary changes, as directed, to correct the unsatisfactory conditions. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Section 502.2.13, "Flaggers," for the safety and convenience of the traveling public and workers, as directed. If the Engineer determines that any of the requirements of this Article have not been met, the Engineer may take any necessary corrective action. However, this will not change the legal responsibilities set forth in the Contract. The cost for this work will be deducted from any money due or to become due to the Contractor. 7.8. Hauling and Loads on Roadways and Structures. Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system, vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work, including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non -divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor -proposed changes to traffic control plans for approval, in accordance with Item 502, "Barricades, Signs, and Traffic Handling." The following sections further address overweight allowances. The Department will make available to the Contractor any available plans and material reports for existing structures. A. Overweight Construction Traffic Crossing Structures. The Engineer may allow crossing of a structure not open to the public within the work locations, when divisible or non -divisible loads exceed legal weight limitations, including limits for load -posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. B. Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review by the Engineer. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. C. Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 7.9. Barricades, Warning and Detour Signs, and Traffic Handling. Provide, install, move, replace, maintain, clean, and remove all traffic control devices as shown on the plans and as directed. If details are not shown on the plans, provide devices and work in accordance with the TMUTCD and as directed. When authorized or directed, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the Engineer can be contacted. If the Engineer determines that any of the requirements of this Article have not been met, the Engineer may take any necessary corrective action. However, this will not change the legal responsibilities set forth in the Contract. The cost for this work will be deducted from any money due or to become due to the Contractor. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, traffic control in accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of project limit advance warning signs does not imply final acceptance. 7.10. Using Explosives. Do not endanger life or property. When required by the plans or requested, provide a written blasting plan. The Department retains the right to reject the blasting plan. Store all explosives securely and clearly mark all storage places with "DANGER — EXPLOSIVES." Store, handle, and use explosives and highly flammable material in compliance with federal, state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least a 48-hr. advance notice to the appropriate Roadmaster before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track. 7.11. Protecting Adjacent Property. Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 7.12. Responsibility for Damage Claims. Indemnify and save harmless the State and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's negligence in the performance of the work and from any claims arising or amounts recovered under any laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the State and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on the Contractor's part in the manner or method of executing the work; from failure to properly execute the work; or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way. Indemnify and save harmless the State from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation. At the pre -construction conference, submit the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. If the Contractor asserts any claim or brings any type of legal action (including an original action, third -party action, or cross -claim) against any Commissioner or individual employee of the Department for any cause of action or claim for alleged negligence arising from the Contract, the Contractor will be ineligible to bid on any proposed Contract with the Department during the pendency of the claim or legal action. 7.13. Responsibility for Hazardous Materials. Indemnify and save harmless the State and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on State owned or controlled sites. Indemnify and save harmless the State and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained, processed, stored, shipped, etc., on sites not owned or controlled by the State. Reimburse the State for all payments, fees, or restitution the State is required to make as a result of the Contractor's actions. 7.14. Contractor's Responsibility for Work. Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the nonexecution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed by the Engineer. Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below. A. Reimbursable Repair. Except for damage to appurtenances listed in Section 7.14.13.1, "Unreimbursed Repair," the Contractor will be reimbursed for repair of damage caused by: • motor -vehicle, watercraft, aircraft, or railroad -train incident; • vandalism; or • Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of nature. B. Appurtenances. 1. Unreimbursed Repair. Reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.14.B.2, "Reimbursed Repair." 2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 7.14.A, "Reimbursable Repair," to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments) not listed in Section 7.14.B.1, "Unreimbursed Repair." C. Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Department will not reimburse the Contractor for repair work to new construction, unless the failure or damage is due to one of the causes listed in Section 7.14.A, "Reimbursable Repair." The Department will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. D. Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract, unless the failure or damage is due to one of the causes listed in Section 7.14.A, "Reimbursable Repair." The Engineer may consider failures beyond the Contractor's control when determining reimbursement for repairs to detours constructed. The Department will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. E. Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this Section. This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. 1. Isolated Work Locations. For isolated work locations, when all work is completed, including work for Article 4.6, "Final Cleanup," the Engineer may relieve the Contractor from responsibility for maintenance. 2. Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work for Article 4.6, "Final Cleanup," with the exception of vegetative establishment and maintenance periods and test and performance periods, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 3. Work Suspension. When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension. F. Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in accordance with pertinent Items or Article 4.2, "Changes in the Work." 7.15. Electrical Requirements. A. Definitions. 1. Electrical Work. Electrical work is: a. work performed under: • Item 610, "Roadway Illumination Assemblies," • Item 614, "High Mast Illumination Assemblies," • Item 616, "Performance Testing of Lighting Systems," • Item 617, "Temporary Roadway Illumination," • Item 618, "Conduit," • Item 620, "Electrical Conductors," • Item 621, "Tray Cable," • Item 622, "Duct Cable," • Item 628, "Electrical Services," • Item 652, "Highway Sign Lighting Fixtures," • Item 680, "Installation of Highway Traffic Signals," or • Item 684, "Traffic Signal Cables"; b. work performed under other Items that involves either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks; c. the installation of conduit and wiring associated with Item 624, "Ground Boxes," and Item 656, "Foundations for Traffic Control Devices"; and d. the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of the communications or fiber optic cable, or the connections for low voltage and inherently power limited circuits such as electronic or communications equipment. Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work as long as no wiring, wiring connections, or conduit work is done at the time of assembly and placement. 2. Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and feeders, sub -feeders, branch circuits, controls, raceways, and enclosures for the following: • pump stations, • moveable bridges, • ferry slips, • motor control centers, • facilities required under Item 504, "Field Office and Laboratory," • rest area or other public buildings, • weigh -in -motion stations, • electrical services larger than 200 amps, • electrical services with main or branch circuit breaker sizes not shown in the Contract, and • any 3-phase electrical power. 3. Certified Person. A certified person is a person who has passed the test from the Texas Engineering Extension Service (TEEX) "TxDOT Electrical Systems" course. Submit a current and valid TEEX certification upon request. 4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by a city in Texas with population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on: • passing the NEC Block Test or the NEC Southern Building Code Test and • demonstrating sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician. B. Work Requirements. Table 2 sets forth the qualifications required to perform electrical work and specialized electrical work. Table 2 Work Requirements Type of Work Qualifications to Perform Work Electrical work with plans Licensed electrician, certified person, or workers directly supervised by a licensed electrician or certified person Electrical work without plans I Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly supervised by a licensed electrician Replace lamps, starting aids, and Licensed electrician, certified person, changing fixtures or workers directly supervised by a licensed electrician or certified person Conduit in precast section with Inspection by licensed electrician or approved working drawings certified person Conduit in cast -in -place section Inspection by licensed electrician or certified person All other electrical work I Licensed electrician or workers directly (troubleshooting, repairs, supervised by a licensed electrician component replacement, etc.) "Directly supervised by a licensed electrician" means that a licensed electrician is present during all electrical work. "Directly supervised by a licensed electrician or certified person" means that a licensed electrician or certified person is present during all electrical work. A non -certified person may install conduit in cast -in -place concrete sections if the work is checked by a certified person before concrete placement. If the plans specify IMSA certification or the completion of other electrical installation courses for traffic signal installation and maintenance, a licensed electrician or certified person will be required only for the installation of conduit, ground boxes, electrical services, pole grounding, and electrical conductors installed under Item 620, "Electrical Conductors." 7.16. Work Near Railroads. A. General. If the work crosses or is in close proximity to a railroad, do not interfere with the use or operation of the railroad company's trains or other property. Assign responsible supervisory personnel to ensure that tracks and adjacent areas are clear of debris, road materials, and equipment. It is the Contractor's responsibility to contact the railroad to determine the railroad's requirements for work within the railroad right of way and to comply with the requirements. The Department will not reimburse the Contractor for any cost associated with these requirements. If the work requires construction within 25 ft. horizontally of the near rail or if the tracks may be subject to obstruction due to construction operations, notify the Engineer and Roadmaster at least 3 days before performing work. The railroad company will provide flaggers during this work. If railroad flaggers will be needed longer than 2 consecutive days, request them at least 30 days before performing work within the railroad right of way. Flaggers provided by the railroad company will be paid for by the Department. Do not store material or equipment in the Railroad's right of way within 15 ft. of the centerline of any track. Do not place any forms or temporary falsework within 8.5 ft. horizontally from the centerline or 22 ft. vertically above the top of rails of any track, unless otherwise shown on the plans. B. Temporary Crossings. If a temporary crossing is needed, obtain permission from the railroad company before crossing the tracks. Execute the "Agreement for Contractor's Temporary Crossing" if required by the Railroad Company. Ensure that the tracks are left clear of equipment and debris that would endanger the safe operation of railroad traffic. Provide a crossing guard on each side of the crossing to direct equipment when hauling across the tracks. Stop construction traffic a safe distance away from the crossing upon the approach of railroad traffic. Work for temporary crossings will not be paid for directly, but is subsidiary to Items of the Contract. Work performed by the railroad company for the temporary crossing, except flaggers, will be at the Contractor's expense. 7.17. Personal Liability of Public Officials. Department employees are agents and representatives of the State and will incur no liability, personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 7.18. Abatement and Mitigation of Excessive or Unnecessary Noise. Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non -mobile equipment such as air compressors, generators, pumps, etc. Place mobile and stationary equipment to cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise -attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 7.19. Preservation of Cultural and Natural Resources and the Environment. If the Contractor initiates changes to the Contract and the Department approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. A. Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by the Department. B. Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). The Department will file the Notice of Intent (NOI) and the Notice of Termination (NOT) for work shown on the plans in the right of way. Adhere to all requirements of the SWP3. C. Work in Waters of the United States. For work in the right of way, the Department will obtain any required Section 404 permits from the U.S. Army Corps of Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When Contractor -initiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits. D. Work in Navigable Waters of the United States. For work in the right of way, the Department will obtain any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor -initiated changes in the construction method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits. E. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by the TCEQ. Use best management practices and perform work in accordance with Contract requirements. F. Project -Specific Locations. For all project -specific locations (PSLs) on or off the right of way (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies: • Occupational Safety and Health Administration, • Texas Commission on Environmental Quality, • Texas Department of Transportation, • Texas Historical Commission, • Texas Parks and Wildlife Department, • Texas Railroad Commission, • U.S. Army Corps of Engineers, • U.S. Department of Energy • U.S. Department of Transportation, • U.S. Environmental Protection Agency, • U.S. Federal Emergency Management Agency, and • U.S. Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed in the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within TxDOT right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance. ITEM 8 PROSECUTION AND PROGRESS 8.1. Prosecution of Work. Before starting work, schedule and attend a preconstruction conference with the Engineer. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Unless otherwise shown in the Contract, begin work within 30 calendar days (7 calendar days for routine maintenance Contracts) after the authorization date to begin work as shown on the work order. Prosecute the work continuously to completion within the working days specified. Unless otherwise shown on the plans, work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is approved. Notify the Engineer at least 24 hr. before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. When callout work is required, begin work in the right of way within the specified time and continuously prosecute the work until completion. 8.2. Progress Schedules. Schedules are subject to review and acceptance. A. Routine Maintenance Contracts. Before starting work on a routine maintenance Contract, submit an outline of the proposed procedure for performing the work. Include a sequence of work and an estimated progress schedule if required. Submit revised progress schedules as requested. When shown on the plans, provide progress schedules meeting the requirements of Section 8.2.13, "Construction Contracts." B. Construction Contracts. Before starting work on a construction Contract, prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract. At a minimum, prepare the progress schedule as a bar chart. Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements, known utility relocations, and other activities that may affect the completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in number of working days for each activity. Do not use activities exceeding 20 working days, except for agreed upon activities. Show an estimated production rate per working day for each work activity. Submit an updated progress schedule monthly, unless otherwise shown in the Contract or as directed. Update the progress schedule by adding actual progress made during the previous update period, including approved changes to the sequence of work and the traffic control plan. If an updated progress schedule indicates the Contract will not be completed within the number of working days specified, notify the Engineer in writing whether the Contractor will revise the progress schedule to meet the number of working days specified or exceed the number of working days specified. Notify the Engineer in writing of proposed major changes in the progress schedule. Major changes are those that may affect compliance with the Contract requirements or that change the critical path or controlling Item of work. The Engineer reserves the right to reject these proposed changes. No direct compensation will be made for fulfilling these requirements, as this work is considered subsidiary to the Items of the Contract. C. Contracts with Multiple Work Orders. For multiple work order Contracts, provide a schedule in accordance with Sections 8.2.A, "Routine Maintenance Contracts," and 8.2.13, Construction Contracts," for each work order. 8.3. Computation of Contract Time for Completion. Working day charges will begin 15 calendar days (7 calendar days for routine maintenance Contracts) after the date of the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer may consider increasing the number of working days under extraordinary circumstances. A. Working Day Charges. Working days will be charged in accordance with Section 8.3.A.4, "Standard Workweek," unless otherwise shown on the plans. For multiple work order Contracts, working days will be established in each work order on a separate basis. Working days will be computed and charged in accordance with one of the following, as shown in the Contract: 1. Five -Day Workweek. Working days will be charged Monday through Friday, excluding national holidays, regardless of weather conditions or material availability. The Contractor has the option of working on Saturdays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 7 hr. between 7:00 A.M. and 6:00 P.M., a working day will be charged. 2. Six -Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays, regardless of weather conditions or material availability. Work on Sundays and national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present is performed on a Sunday or a national holiday, and weather or other conditions permit the performance of work for 7 hr. between 7:00 A.M. and 6:00 P.M., a working day will be charged. 3. Seven -Day Workweek. Working days will be charged Monday through Sunday, excluding national holidays, regardless of weather conditions or material availability. Work on national holidays will not be permitted without written permission of the Engineer. If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 7 hr. between 7:00 A.M. and 6:00 P.M., a working day will be charged. 4. Standard Workweek. Working days will be charged Monday through Friday, excluding national or state holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. between 7:00 A.M. and 6:00 P.M., unless otherwise shown in the Contract. The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission of the Engineer. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the performance of work for 7 hr. between 7:00 A.M. and 6:00 P.M., a working day will be charged. 5. Calendar Day. Working days will be charged Sunday through Saturday, including all holidays, regardless of weather conditions, material availability, or other conditions not under the control of the Contractor. 6. Other. Working days will be charged as shown on the plans. B. Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this Article unless otherwise shown on the plans. C. Nighttime Work. Nighttime work is allowed only when shown on the plans or directed or allowed by the Engineer. Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise. 1. Five-, Six-, and Seven -Day Workweeks. Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 2. Standard Workweek. a. Nighttime Work Only. When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. for the nighttime period, as defined in Section 8.3.C, unless otherwise shown in the Contract. b. Nighttime Work and Daytime Work Requiring Inspector. When nighttime work is performed or required and daytime work is allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 7 hr. for the nighttime period, as defined in Section 8.3.C, or for a continuous period of at least 7 hr. for the alternative daytime period unless otherwise shown in the Contract. Only I day will be charged for each 24-hr. time period. When the Engineer agrees to restrict work hours to the nighttime period only, working day charges will be in accordance with Section 8.3.C.2.a. D. Time Statements. The Engineer will furnish the Contractor a monthly time statement. Review the monthly time statement for correctness. Report protests in writing, no later than 30 calendar days after receipt of the time statement, providing a detailed explanation for each day protested. Not filing a protest within 30 calendar days will indicate acceptance of the working day charges and future consideration of that statement will not be permitted. 8.4. Temporary Suspension of Work or Working Day Charges. The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing. When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. 8.5. Failure to Complete Work on Time. The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of working days specified, working days will continue to be charged. Failure to complete the Contract, or a separate work order when specified in the Contract, within the number of working days specified, including any approved additional working days, will result in liquidated damages for each working day charged over the number of working days specified in the Contract. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract or work order remains incomplete. This amount will be assessed not as a penalty, but as liquidated damages. The amount assessed for non -site - specific Contracts will be based on the estimated amount for each work order unless otherwise shown in the Contract. 8.6. Abandonment of Work or Default of Contract. The Engineer may declare the Contractor to be in default of the Contract if the Contractor: • fails to begin the work within the number of days specified, • fails to prosecute the work to assure completion within the number of days specified, • fails to perform the work in accordance with the Contract requirements, • neglects or refuses to remove and replace rejected materials or unacceptable work, • discontinues the prosecution of the work without the Engineer's approval, • makes an unauthorized assignment, • fails to resume work that has been discontinued within a reasonable number of days after notice to do so, • is uncooperative, disruptive or threatening, or • fails to conduct the work in an acceptable manner. If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 10 days after the notice, the Department may upon written notice declare the Contractor to be in default of the Contract. The Department will also provide written notice of default to the Surety. Working day charges will continue until completion of the Contract. The Contractor may also be subject to sanctions under the TAC. The Department will determine the method used for the completion of the remaining work as follows: • Contracts without Performance Bonds. The Department will determine the most expeditious and efficient way to complete the work, and recover damages from the Contractor. • Contracts with Performance Bonds. The Department will, without violating the Contract, demand that the Contractor's Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. The Department reserves the right to approve or reject proposed subcontractors. Work may resume after the Department receives and approves certificates of insurance as required in Article 7.4, "Insurance and Bonds." Certificates of insurance may be issued in the name of the completing Contractor. The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract. The Department may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Department for the completion of the work under the Contract will be the responsibility of the Surety. From the time of notification of the default until work resumes (either by the Surety or the Department), the Department will maintain traffic control devices and will do any other work it deems necessary, unless otherwise agreed upon by the Department and the Surety. All costs associated with this work will be deducted from money due to the Surety. The Department will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety. All costs and charges incurred by the Department as a result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Department the balance of these costs in excess of the Contract price. In case the costs incurred by the Department are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor, the Department will be entitled to retain the difference. If a Contractor defaults, the requirement that 30% of the work be done by the Contractor is suspended. However, Department approval of all subcontractors continues to be required. DBEs must continue to be used in accordance with the commitments previously approved by the Department. If it is determined, after the Contractor is declared in default, that the Contractor was not in default, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the public as provided in Article 8.7, "Termination of Contract." 8.7. Termination of Contract. The Department may terminate the Contract in whole or in part whenever: • the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; • the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor as the result of an order or a proclamation of the President of the United States; • the Contractor is prevented from proceeding with the work due to an order of any federal authority; • the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or • the Department determines that termination of the Contract is in the best interest of the State or the public. This includes but is not limited to the discovery of significant hazardous material problems, right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract. A. Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date. Upon notice, immediately proceed in accordance with the following: • stop work as specified in the notice; • place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved by the Engineer; • terminate all subcontracts to the extent they relate to the work terminated; • complete performance of the work not terminated; • settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; • create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated (include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products); and • take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Department has or may acquire an interest. B. Settlement Provisions. Within 60 calendar days of the date of the notice of termination, submit a final termination settlement proposal, unless otherwise approved. The Engineer will prepare a change order that reduces the affected quantities of work and adds acceptable costs for termination. No claim for loss of anticipated profits will be considered. The Department will pay reasonable and verifiable termination costs including: • all work completed at the unit bid price and partial payment for incomplete work; • the percentage of Item 500, "Mobilization," equivalent to the percentage of work complete or actual cost that can be supported by cost records, whichever is greater; • expenses necessary for the preparation of termination settlement proposals and support data; • the termination and settlement of subcontracts; • storage, transportation, restocking, and other costs incurred necessary for the preservation, protection, or disposition of the termination inventory; and • other expenses acceptable to the Department. 8.8. Subcontracting. Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions. A. Construction Contracts and Federally Funded Routine Maintenance Contracts. Perform work with own organization on at least 30% of the total original Contract cost (25% if the Contractor is a Small Business Enterprise on a wholly State or local funded Contract), excluding any specialty items as determined by the Engineer. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as determined by the Engineer. Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. The term "perform work with own organization" includes only: • workers employed and paid directly by the Contractor or wholly owned subsidiary; • equipment owned by the Contractor or wholly owned subsidiary; • rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees; • materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization, including a wholly owned subsidiary's organization; and • labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide materials or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor. Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this Section. B. Routine Maintenance Contracts. The requirements for performing work with the Contractor's own organization do not apply to wholly State funded routine maintenance Contracts. 8.9. Workers and Equipment. Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. At the written request of the Engineer, immediately remove from the work locations any employee or representative of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer. The Engineer may suspend the work without suspending working day charges until the Contractor complies with these requests. 8.10. Minimum Wage Requirements for Routine Maintenance Contracts. The Contractor affirms by signing a wholly State or local funded routine maintenance Contract that employees, contract labor, and any subcontractor's employees are paid at least federal minimum wages as set forth in 29 CFR 206, unless otherwise shown on the plans. Keep a copy of each payroll showing the name, number of hours worked each day, and the wage rate paid each employee, contract labor, and any subcontractor's employees together with a complete record of all deductions made from the wages. Upon request, submit copies of the payroll records. Progress payments may be withheld if any of these requirements are not satisfied. ITEM 9 MEASUREMENT AND PAYMENT 9.1. Measurement of Quantities. The Engineer will measure all completed work using United States standard measures, unless otherwise specified. A. Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally. No deduction will be made for structures in the roadway having an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on plans, unless otherwise directed. B. Volume Measurement. Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved capacity. Loads not hauled in approved vehicles may be rejected. C. Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery. The cost of supplying these volume and weight capacities is subsidiary to the pertinent Item. For measurement by the ton, in the field, provide measurements in accordance with Item 520, "Weighing and Measuring Equipment," except for Items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1. Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public, the net weight of the load will be calculated as follows: If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2. Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer, • if the gross vehicle weight is less than the maximum allowed by the Engineer, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight and • if the gross vehicle weight is more than the maximum allowed by the Engineer, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 9.2. Plans Quantity Measurement. 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 specifications or this Article. If the quantity measured as outlined under "Measurement" varies by more than 5% (or as stipulated under "Measurement" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract, 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 revised quantity. When approved, this revised quantity will constitute 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 4.2, Changes in the Work." When quantities are revised by a change in design approved by the Department, by change order, 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 5% variance will apply to the new plans quantity. If the total Contract quantity multiplied by the unit bid price 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 Engineer and Contractor agree in writing to fix the final quantity as a plans quantity. For callout work or non -site -specific Contracts, plans quantity measurement requirements are not applicable. 9.3. Scope of Payment. Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the Item of work under the Contract. Until final acceptance in accordance with Article 5.8, "Final Acceptance," assume liability for completing the work according to the plans and specifications and any loss or damage arising from the performance of the work or from the action of the elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract. The Department will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 9.4. Payment for Extra Work. Payment for extra work directed, performed, and accepted will be made in accordance with Article 4.2, "Changes in the Work." 9.5. Force Account. The Engineer may provide for payment for extra work under Article 4.2, "Changes in the Work," on the force account basis, which includes compensation for the use of small tools, overhead expense, and profit. Execute a change order to establish labor and equipment rates and material costs to determine an estimated cost for the proposed work. Payment for extra work directed on a force account basis will be as follows: A. Labor. Compensation will be made for payroll rates for each hour that the labor and foremen or others approved by the Engineer are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category. An additional 25% of the above sum will be paid for overhead, superintendence, profit, and small tools. B. Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9.5.A, "Labor," will be paid as compensation for all insurance and taxes including the cost of premiums on public liability and workers compensation insurance, Social Security, and unemployment insurance taxes. C. Materials. Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead and profit. D. Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off -site location. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engineer will allow a reasonable hourly rate, as agreed upon in writing before work is begun. This price will include operating costs. The Department reserves the right to withhold payment for low production or lack of progress. 1. Contractor -Owned Equipment. For Contractor -owned machinery, trucks, power tools, or other equipment necessary for use on force account work, use the Rental Rate Blare Book as modified by the following to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blare Book at the time of use. Compute the hourly rates as follows: H _ MxRIxR2 +OP 176 where: H = Hourly Rate M= Monthly Rate RI = Rate Adjustment Factor R2 = Regional Adjustment Factor OP = Operating Costs. Payment for equipment will be made for the actual hours used in the work. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the force account work, payment will be made for the duration the equipment is assigned to the work but no more than 8 hours per day. 2. Equipment Not Owned by the Contractor. If equipment is rented exclusively for force account work from a third party not owned by the Contractor, payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The Department reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. E. Subcontracting. Additional compensation will be made for extra work performed by subcontractors under Article 4.2, "Changes in the Work," on the force account basis or based on actual invoice costs. An additional 5% compensation will be paid on subcontracted work for administrative cost and profit. F. Law Enforcement. For off -duty law enforcement, an additional 5% of the invoice cost for labor and equipment will be paid for administrative costs, superintendence, and profit. G. Bond Cost. An additional 1 % of the total labor, material, equipment, and subcontracted compensation, including the additional compensation percentages provided by Sections A through F above, will be paid for the increase in bond cost due to the force account work. H. Cost Records. Maintain daily records of extra work completed on the force account basis. Provide copies of these records daily, signed by the Contractor's representative, for verification by the Department. Request payment for extra work performed on the force account basis, including copies of all applicable invoices, no later than the tenth day of the month following the month in which the work was performed. If the Engineer directs extra work to be performed on a force account basis, and the estimated cost is less than $10,000, submit for approval an invoice including the actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. Also include on the invoice additional compensation allowed in this Article. 9.6. Progress Payments. The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Payment of the monthly estimate is determined at the Contract Item prices less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. A. Retainage. 1. Routine Maintenance Contracts. No retainage will be withheld from routine maintenance Contracts. 2. Construction Contracts. a. Contracts Without Recycled Materials. For a Contract not using nonhazardous recycled materials (NRMs) as defined by Item 6, "Control of Materials," and DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," 5% retainage will be withheld from the total amount approved for payment until the completion and final acceptance. b. Contracts With Recycled Materials. For a Contract using NRMs, submit all required documentation before the first monthly progress estimate. For the Contract, 4% retainage will be withheld until the completion and final acceptance. c. Partial Retainage Release. (1) Vegetative Establishment and Maintenance, Test and Performance Periods. 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 for all work locations, the Department may release a portion of the amount retained provided all other work is completed as determined by the Engineer. 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. (2) Final Acceptance. For a Contract on which recycled materials is used, 50% of the 4% retainage withheld will be released upon final acceptance. For a Contract without recycled materials, 60% of the 5% retainage withheld will be released upon final acceptance. d. Final Retainage Release. The remaining retainage will be released after all submittals are received and final quantities have been determined. B. Payment Provisions for Subcontractors. Pay the subcontractor for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this Section, satisfactory completion is accomplished when: • the subcontractor has fulfilled the Contract requirements of both the Department and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Department; and • the work done by the subcontractor has been inspected and approved by the Department and the final quantities of the subcontractor's work have been determined and agreed upon. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Article 7.14, "Contractor's Responsibility for Work." The Department may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this Section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations as described in this Article. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract agreements. 9.7. Payment for Material on Hand (MOH). If payment for MOH is desired, request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are in acceptable storage places. Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only materials that have been sampled, tested, approved, or certified, and are ready for incorporation into the work. Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. Payment for MOH may include the following types of Items: concrete traffic barrier, precast concrete box culverts, concrete piling, reinforced concrete pipe, and illumination poles. Any repairs required after fabricated materials have been approved for storage shall require approval of the Engineer before being made and shall be made at the Contractor's expense. Include only those materials that have an invoice cost of at least $1,000 in the request for MOH payment. For multiple work order Contracts, payment for MOH will only be made for materials authorized for purchase by the work order or by written approval of the Engineer. If the request is acceptable, the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated Item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Department. These forms may be electronically reproduced, provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is $0. By submitting a request for MOH payment, the Contractor expressly authorizes the Department to audit MOH records, and to perform process reviews of the record -keeping system. If the Department determines noncompliance with any of the requirements of this provision, the Department may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance. Provide these records to the Engineer upon request. 9.8. Final Payment. When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Article 5.8, "Final Acceptance," and Contractor submittals have been received, the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor. The final payment will reflect the entire sum due, less any sums previously paid. ITEM 500 MOBILIZATION 500.1. Description. Establish and remove offices, plants, and facilities. Move personnel, equipment, and supplies to and from the project or the vicinity of the project site to begin work or complete work on Contract Items. 500.2. Measurement. This Item will be measured by the lump sum as the work progresses. 500.3. Payment. Partial payments of the lump sum bid for mobilization will be as follows. The adjusted Contract amount for construction Items as used below is defined as the total Contract amount less the lump sum for mobilization. A. Payment will be made upon presentation of a paid invoice for the payment bond, performance bond, and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. B. Payment will be made upon verification of documented expenditures for plant and facility setup. The combined amount for all these facilities will be no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever is less. C. When 1 % of the adjusted Contract amount for construction Items is earned, 50% of the mobilization lump sum bid or 5% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. D. When 5% of the adjusted Contract amount for construction Items is earned, 75% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under the Item will be deducted from this amount. E. When 10% of the adjusted Contract amount for construction Items is earned, 90% of the mobilization lump sum bid or 10% of the total Contract amount, whichever is less, will be paid. Previous payments under this Item will be deducted from this amount. F. Payment for the remainder of the lump sum bid for "Mobilization" will be made on the next estimate cycle after the initial retainage estimate or at final acceptance for projects without retainage. ITEM 502 BARRICADES, SIGNS, AND TRAFFIC HANDLING 502.1. Description. Provide, install, move, replace, maintain, clean, and remove upon completion of work all barricades, signs, cones, lights, and other traffic control devices used for traffic handling as indicated on the plans and as directed. 502.2. Construction. Provide traffic control devices that conform to details shown on the plans, the TMUTCD, and the Compliant Work Zone Traffic Control Device List (CWZTCDL) maintained by the Traffic Operations Division. A. Implementation. Before beginning work, designate in writing a Contractor's Responsible Person (CRP) to be the representative of the Contractor who is responsible for taking or directing corrective measures of installation and maintenance deficiencies as soon as possible. The CRP must be accessible by phone and able to respond to emergencies 24 hours per day. Follow the traffic control plan (TCP) and install traffic control devices as shown on the plans and as directed. Install traffic control devices straight and plumb. Do not make changes to the location of any device or implement any other changes to the TCP without the approval of the Engineer. Minor adjustments to meet field constructability and visibility are allowed. Submit Contractor -proposed TCP changes, signed and sealed by a licensed professional engineer, to the Engineer for approval. The Engineer may develop, sign, and seal Contractor -proposed changes. Changes must conform to guidelines established in the TMUTCD using approved products from the CWZTCDL. Maintain traffic control devices by taking corrective action as soon as possible. Corrective action includes but is not limited to cleaning, replacing, straightening, covering, or removing devices. Maintain the devices such that they are properly positioned, spaced, and legible, and that retroreflective characteristics meet requirements during darkness and rain. B. Flaggers. Provide a Contractor representative who has been certified as a flagging instructor through courses offered by the Texas Engineering Extension Service, the American Traffic Safety Services Association, the National Safety Council, or other approved organizations. Provide the certificate indicating course completion when requested. This representative is responsible for training and assuring that all flaggers are qualified to perform flagging duties. A qualified flagger must be independently certified by one of the organizations listed above or trained by the Contractor's certified flagging instructor. Provide the Engineer with a current list of qualified flaggers before beginning flagging activities. Use only flaggers on the qualified list. Flaggers must be courteous and able to effectively communicate with the public. When directing traffic, flaggers must use standard attire, flags, signs, and signals and follow the flagging procedures set forth in the TMUTCD. C. Removal. Upon completion of work, remove all barricades, signs, cones, lights, and other traffic control devices used for work -zone traffic handling, unless otherwise shown on the plans. 502.3. Measurement. This Item will be measured by the month. 502.4. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for `Barricades, Signs, and Traffic Handling." This price is full compensation for installation, maintenance, adjustments, replacements, removal, materials, equipment, labor, tools, and incidentals. When the plans establish pay items for particular work called for in the TCP, that work will be measured and paid for under pertinent Items. A. Initiation of Payment. Payment for this Item will begin on the first estimate after barricades, signs, and traffic handling devices have been installed in accordance with the TCP and construction has begun. Installation of the project limit advance warning signs alone is not considered the beginning of construction. B. Paid Months. Monthly payment will be made each succeeding month for this Item provided the barricades, signs, and traffic handling devices have been installed and maintained in accordance with the TCP until the Contract amount has been paid. If, within the time frame established by the Engineer, the Contractor fails to provide or properly maintain signs and barricades in compliance with the Contract requirements, as determined by the Engineer, the Contractor will be considered in noncompliance with this Item. No payment will be made for the months in question, and the total final payment quantity will be reduced by the number of months the Contractor was in noncompliance. C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8, "Final Acceptance." However, when all work is complete for all project locations, except for work for vegetative establishment and maintenance periods and performance and test periods, the 10% of the total Contract amount may be exceeded. The remaining balance will be paid in accordance with Section 502A.E, "Balance Due." D. Total Payment Quantity. The quantity paid under this Item will not exceed the total quantity shown in the plans except as modified by change order and as adjusted by Section 502.4.13, "Paid Months." An overrun of the plans quantity for this Item will not be allowed for approving designs; testing; material shortages; closed construction seasons; curing periods; establishment, performance, test, and maintenance periods; failure to complete the work in the number of months allotted; nor delays caused directly or indirectly by requirements of the contract. E. Balance Due. If all work is complete and accepted in accordance with Article 5.8, "Final Acceptance," before payment of the amount allowed by this Article, the balance due will be paid on the next estimate after the initial retainage release estimate or final acceptance for projects without retainage. F. Law Enforcement. Law enforcement required by the Engineer will be paid in accordance with Article 9.5, "Force Account." 2004 Specifications SPECIAL PROVISION 11111IRK1z1xj Notice to All Bidders To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (DOT) operates the above toll -free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of the DOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. 1-1 000 --- 003 05-04 2004 Specifications SPECIAL PROVISION 000 --- 004 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. General. In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications" as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2. Goals. a. Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4. b. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority Goals for female participation in participation in each trade (per- each trade (per- cent) cent) See Table 1 6.9 c. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work- hours performed. 1-5 000 --- 004 05-04 d. A contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway -Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees. The overall good performance of other contractors and subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. Subcontracting. The Contractor shall provide written notification to the Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation pending concurrence of the Department in the award. The notification shall list the names, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. Covered Area. As used in this special provision, and in the contract resulting from this solicitation, the geographical area covered by these goals for female participation is the State of Texas. The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5. Reports. The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246 as amended. OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. 2-5 000 --- 004 05-04 Table 1 Goals for Minority Goals for Minority County Participation County Participation Anderson 22.5 Concho 20.0 Andrews 18.9 Cooke 17.2 Angelina 22.5 Coryell 16.4 Aransas 44.2 Cottle 11.0 Archer 11.0 Crane 18.9 Armstrong 11.0 Crockett 20.0 Atascosa 49.4 Crosby 19.5 Austin 27.4 Culberson 49.0 Bailey 19.5 Dallam 11.0 Bandera 49.4 Dallas 18.2 Bastrop 24.2 Dawson 19.5 Baylor 11.0 Deaf Smith 11.0 Bee 44.2 Delta 17.2 Bell 16.4 Denton 18.2 Bexar 47.8 DeWitt 27.4 Blanco 24.2 Dickens 19.5 Borden 19.5 Dimmit 49.4 Bosque 18.6 Donley 11.0 Bowie 19.7 Duval 44.2 Brazoria 27.3 Eastland 10.9 Brazos 23.7 Ector 15.1 Brewster 49.0 Edwards 49.4 Briscoe 11.0 Ellis 18.2 Brooks 44.2 El Paso 57.8 Brown 10.9 Erath 17.2 Burleson 27.4 Falls 18.6 Burnet 24.2 Fannin 17.2 Caldwell 24.2 Fayette 27.4 Calhoun 27.4 Fisher 10.9 Callahan 11.6 Floyd 19.5 Cameron 71.0 Foard 11.0 Camp 20.2 Fort Bend 27.3 Carson 11.0 Franklin 17.2 Cass 20.2 Freestone 18.6 Castro 11.0 Frio 49.4 Chambers 27.4 Gaines 19.5 Cherokee 22.5 Galveston 28.9 Childress 11.0 Garza 19.5 Clay 12.4 Gillespie 49.4 Cochran 19.5 Glasscock 18.9 Coke 20.0 Goliad 27.4 Coleman 10.9 Gonzales 49.4 Collin 18.2 Gray 11.0 Collingsworth 11.0 Grayson 9.4 Colorado 27.4 Gregg 22.8 Comal 47.8 Grimes 27.4 Comanche 10.9 Guadalupe 47.8 3-5 000 --- 004 05-04 Goals for Minority Goals for Minority County Participation County Participation Hale 19.5 Lavaca 27.4 Hall 11.0 Lee 24.2 Hamilton 18.6 Leon 27.4 Hansford 11.0 Liberty 27.3 Hardeman 11.0 Limestone 18.6 Hardin 22.6 Lipscomb 11.0 Harris 27.3 Live Oak 44.2 Harrison 22.8 Llano 24.2 Hartley 11.0 Loving 18.9 Haskell 10.9 Lubbock 19.6 Hays 24.1 Lynn 19.5 Hemphill 11.0 Madison 27.4 Henderson 22.5 Marion 22.5 Hidalgo 72.8 Martin 18.9 Hill 18.6 Mason 20.0 Hockley 19.5 Matagorda 27.4 Hood 18.2 Maverick 49.4 Hopkins 17.2 McCulloch 20.0 Houston 22.5 McLennan 20.7 Howard 18.9 McMullen 49.4 Hudspeth 49.0 Medina 49.4 Hunt 17.2 Menard 20.0 Hutchinson 11.0 Midland 19.1 Irion 20.0 Milam 18.6 Jack 17.2 Mills 18.6 Jackson 27.4 Mitchell 10.9 Jasper 22.6 Montague 17.2 Jeff Davis 49.0 Montgomery 27.3 Jefferson 22.6 Moore 11.0 Jim Hogg 49.4 Morris 20.2 Jim Wells 44.2 Motley 19.5 Johnson 18.2 Nacogdoches 22.5 Jones 11.6 Navarro 17.2 Karnes 49.4 Newton 22.6 Kaufman 18.2 Nolan 10.9 Kendall 49.4 Nueces 41.7 Kenedy 44.2 Ochiltree 11.0 Kent 10.9 Oldham 11.0 Kerr 49.4 Orange 22.6 Kimble 20.0 Palo Pinto 17.2 King 19.5 Panola 22.5 Kinney 49.4 Parker 18.2 Kleberg 44.2 Partner 11.0 Knox 10.9 Pecos 18.9 Lamar 20.2 Polk 27.4 Lamb 19.5 Potter 9.3 Lampasas 18.6 Presidio 49.0 LaSalle 49.4 Rains 17.2 4-5 000 --- 004 05-04 Goals for Minority Goals for Minority County Participation County Participation Randall 9.3 Webb 87.3 Reagan 20.0 Wharton 27.4 Real 49.4 Wheeler 11.0 Red River 20.2 Wichita 12.4 Reeves 18.9 Wilbarger 11.0 Refugio 44.2 Willacy 72.9 Roberts 11.0 Williamson 24.1 Robertson 27.4 Wilson 49.4 Rockwall 18.2 Winkler 18.9 Runnels 20.0 Wise 18.2 Rusk 22.5 Wood 22.5 Sabine 22.6 Yoakum 19.5 San Augustine 22.5 Young 11.0 San Jacinto 27.4 Zapata 49.4 San Patricio 41.7 Zavala 49.4 San Saba 20.0 Schleicher 20.0 Scurry 10.9 Shackelford 10.9 Shelby 22.5 Sherman 11.0 Smith 23.5 Somervell 17.2 Starr 72.9 Stephens 10.9 Sterling 20.0 Stonewall 10.9 Sutton 20.0 Swisher 11.0 Tarrant 18.2 Taylor 11.6 Terrell 20.0 Terry 19.5 Throckmorton 10.9 Titus 20.2 Tom Green 19.2 Travis 24.1 Trinity 27.4 Tyler 22.6 Upshur 22.5 Upton 18.9 Uvalde 49.4 Val Verde 49.4 Van Zandt 17.2 Victoria 27.4 Walker 27.4 Waller 27.3 Ward 18.9 Washington 27.4 5-5 000 --- 004 05-04 2004 Specifications SPECIAL PROVISION 000 --- 006 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its 1-6 000 --- 006 05-04 obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 2-6 000 --- 006 05-04 c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and Collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of 3-6 000 --- 006 05-04 applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both 4-6 000 --- 006 05-04 minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. Nondiscrimination programs require that Federal -aid recipients, subrecipients, and contractors prevent discrimination and ensure nondiscrimination in all of their programs and activities, whether those programs and activities are federally funded or not. The factors prohibited from serving as a basis for action or inaction which discriminates include race, color, national origin, sex, age, and handicap/disability. The efforts to prevent discrimination must address, but not be limited to a program's impacts, access, benefits, participation, treatment, services, contracting opportunities, training opportunities, investigations of complaints, allocations of funds, prioritization of projects, and the functions of right-of-way, research, planning, and design. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 5-6 000 --- 006 05-04 16. In addition to the reporting requirements set forth elsewhere in this contract, the Contractor and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is per -formed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. 6-6 000 --- 006 05-04 2004 Specifications SPECIAL PROVISION 000 --- 009 Certification of Nondiscrimination in Employment By signing this proposal, the bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and has not filed, he will file with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U. S. Department of Labor. 1-1 000 --- 009 2004 Specifications SPECIAL PROVISION 000 --- Oil Department Division Mailing and Physical Addresses For this project, Item 000, "Department Division Mailing and Physical Addresses," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Use the information in Table 1 to contact the Department Divisions referenced in the Standard Specifications or Special Provisions and Special Specifications in the Contract. This listing is for the purposes of providing addresses for transmission of information in accordance with the specifications. Unless otherwise stated in the specifications, address all correspondence and transmission of information to the Engineer responsible for the oversight of construction. Submit bidding documents to the location shown in the official advertisement. Address changes will be posted on the Department's Internet site at htta://www.txdot.Rov/. Table 1 Department Division Mailing and Physical Addresses Division/Section Name U.S. Post Office Address Physical Address Bridge Division Texas Department of Bridge Division Transportation Fabrication Branch Bridge Division 118 E. Riverside Dr. 125 E I Ph Street Austin, Texas 78704 Austin TX 78701-2483 (512) 416-2187 Construction Division Construction Section Texas Department of Construction Division Transportation 200 E. Riverside Dr. Construction Division Austin, TX 78704 Construction Section (512) 416-2500 125 E.11'h St. Austin TX 78701-2483 Materials & Pavements Section Texas Department of Construction Division Transportation Materials & Pavements Construction Division Cedar Park Campus, Bldg. 51 Materials & Pavements 9500 Lake Creek Parkway Section Austin, TX 78717 125 E 11'h Street 512-506-5800 Austin TX 78701-2483 1-2 000 --- Oil 09-13 Division/Section Name U.S. Post Office Address Physical Address Maintenance Division Maintenance Section Texas Department of Maintenance Division Transportation Maintenance Section Maintenance Division 150 East Riverside Drive Maintenance Section Austin, TX 78704 125 E I It" Street (512) 416-3185 Austin, TX 78701 Vegetation Management Section Texas Department of Maintenance Division Transportation Vegetation Management Section Maintenance Division 150 East Riverside Drive Vegetation Management Section Austin, TX 78704 125 E 1 la` Street (512) 416-3093 Austin, TX 78701 Traffic Operations Division Traffic Operations Division Texas Department of Texas Department of Transportation Transportation Traffic ?9erations Division Traffic Operations Division 125 E 11 Street 200 E. Riverside Austin TX 78701 Bldg. 118 Austin, Texas 78704 512-416-3200 Traffic Engineering Texas Department of Texas Department of Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Engineering Section Traffic Engineering Section 125 E 11 th Street 200 E. Riverside Austin TX 78701 Bldg. 118 Austin, Texas 78704 (512) 416-3118 Traffic Management -ITS Branch Texas Department of Texas Department of Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Management Section Traffic Management Section 125 E 111h Street Cedar Park Campus, Bldg. 51 Austin TX 78701 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100 Traffic Management- Texas Department of Texas Department of Signal/Radio Branch Transportation Transportation Traffic Operations Division Traffic Operations Division Traffic Management Section- Traffic Management Section- Signal/Radio Branch Signal/Radio Branch 125 E 11`h Street Cedar Park Campus, Bldg. 51 Austin TX 78701 9500 Lake Creek Parkway Austin, TX 78717 512-506-5100 2-2 000 --- Oil 09-13 2004 Specifications Federal -Aid Projects Only SPECIAL PROVISION 000--1483 Notice of Changes to U.S. Department of Labor Required Payroll Information Do not include employee addresses and social security numbers on the payroll submissions to the department. In lieu of the social security number, include an individually identifying number for each employee (Example: last four digits of the individual's social security number). Maintain the full social security number and current address of each covered employee in files for 3 years after project completion and make the information available upon the Department's request. Form FHWA 1273 and optional form WH-347 will be revised in the future to reflect these changes. 1-1 000--1483 01-09 2004 Specifications SPECIAL PROVISION 000-4966 Disadvantaged Business Enterprise in Federal Aid Contracts 1. Description. The purpose of this Special Provision is to carry out the U. S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT assisted contracts. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this contract. If there is no DBE goal, Article B, "Race -Neutral DBE Participation", of this Special Provision shall apply to this contract. The percentage goal for DBE participation in the work to be performed under this contract will be shown on the proposal. A. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts. 1. Policy. It is the policy of the DOT and the Texas Department of Transportation (henceforth the "Department") that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department's DBE Program, apply to this contract as follows: a. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A and the Department's DBE Program, or show a good faith effort to meet the DBE goal for this contract. b. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The requirements of this Special Provision shall be physically included in any subcontract. d. By signing the contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. The Department will determine the adequacy of a Contractor's efforts to meet the contract goal, within 10 business days, 1-11 000--1966 06-10 excluding national holidays, from receipt of the information outlined in this Special Provision under Section l .A.3, "Contractor's Responsibilities." If the requirements of Section 1.A.3 are met, the conditional situation will be removed and the contract will be forwarded to the Contractor for execution. 2. Definitions. a. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. b. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard specifications, Article 1, Definition of Terms. c. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. d. "DOT" means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). e. "Federal Aid Contract" is any contract between the Texas Department of Transportation and a Contractor which is paid for in whole or in part with DOT financial assistance. f. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. g. "Manufacturer" is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications." h. "Race -conscious" means a measure or program that is focused specifically on assisting only DBEs, including women -owned businesses. i. "Race -neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. j. "Regular Dealer" is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. 2-11 000--1966 06-10 A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Brokers, packagers, manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. k. "Texas Unified Certification Program" or "TUCP" provides one -stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions. 3. Contractor's Responsibilities. These requirements must be satisfied by the Contractor. a. After conditional award of the contract, the Contractor shall submit a completed Form SMS.4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached, so as to arrive in the Department's Office of Civil Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 1 Oth business day, excluding national holidays, after the conditional award of the contract. When requested, additional time, not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor. b. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported on Form SMS.4902. c. A Contractor who cannot meet the contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. The following is a list of the types of action that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. • Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. 3-11 000-4 966 06-10 • Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces. • Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. • Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. • A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort. Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. • Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non- union employee status) are not legitimate cause for the rejection or non - solicitation of bids and the Contractors efforts to meet the project goal. • Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. • Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. • Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. 4-11 000--1966 06-10 • If the Program Manager of the OCR determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Director of the OCR. d. Should the bidder to whom the contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the state, not as a penalty, but as liquidated damages to the Department. e. The preceding information shall be submitted directly to the Office of Civil Rights, Texas Department of Transportation, 125 E. 1 lth Street, Austin, Texas 78701-2483. f. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Prior to terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Department. g. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the contract goal. The Contractor shall submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the Department. Prior to approving the substitution, the Department will request a statement from the DBE concerning it being replaced. h. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. i. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 4. Eligibility of DBEs. a. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted contracts. b. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE's on DOT financially assisted contracts. This Directory is available from the Department's OCR. An update of the Directory can be found on the Internet at htti)://www.dot.state.tx.us/business/tuci)/default.htm. 5-11 000--1966 06-10 c. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified. d. Only DBE firms certified at the time of execution of a contract/subcontract/purchase order, are eligible for DBE goal participation. 5. Determination of DBE Participation. When a DBE participates in a contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime contractor toward DBE goals: a. The total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. b. A Contractor may count toward its DBE goal a portion of the total value of the contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the contract performed by the DBE. (1) A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a contract or purchase order. A DBE is considered to perform a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the contract by the DBE, nor may they determine quality and quantity, order the materials themselves, nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier. In all cases, prime or other non -DBE subcontractor assistance will not be credited toward the DBE goal. 6-11 000--1966 06-10 (2) A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Consistent with industry practices and the DOT/Department's DBE program, a DBE subcontractor may enter into second -tier subcontracts, amounting up to 70% of their contract. Work subcontracted to a non - DBE does not count towards DBE goals. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF (3) A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the contract. (a) The Contractor receives credit for the total value of the transportation services the DBE provides on a contract using trucks it owns, insures, and operates using drivers it employs. (b) The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. (c) The DBE may also lease trucks from a non -DBE firm, including from an owner -operator. The DBE who leases trucks from a non - DBE is entitled to credit for the total value of transportation services provided by non -DBE lessees not to exceed the value of transportation services provided by the DBE -owned trucks on the contract. Additional participation by non -DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement (d) A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE. (4) When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption. (5) Project materials or supplies acquired from an affiliate of the prime contractor can not directly or indirectly (2°d or lower tier subcontractor) be used for DBE goal credit. 7-11 000-4966 06-10 c. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: (1) If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at IA.c.(1) of this provision.) For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. (2) If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.5.c.(2)), a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business: (A) To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. (B) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. (C) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A.5.c.(2). (3) With respect to materials or supplies purchased from DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. 8-11 000--1966 06-10 Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. (4) Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT -assisted contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. d. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE. The material supplier must invoice the DBE who will present the invoice to the Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier. The DBE firm may accept or reject this joint checking arrangement. The Contractor must obtain approval from the Department prior to implementing the use of joint check arrangements with the DBE. Submit to the Department, Joint Check Approval Form 2178 for requesting approval. Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier. e. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the contractor or its affiliates. f. No DBE goal credit will be allowed for the period of time determined by the Department that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the department. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be required to provide a substitute DBE to meet the contract goal or provide an adequate good faith effort when applicable. 6. Records and Reports. a. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation. Report payments made to non -DBE HUBs. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, "DBE Progress Report," is to be used for monthly reporting. Form. SMS.4904, "DBE Final Report," is to be used as a final summary of DBE payments submitted upon completion of the project. 9-11 000--1966 06-10 The original final report must be submitted to the OCR and a copy must be submitted to the Area Engineer. These forms may be obtained from the Department or may be reproduced by the Contractor. The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Department's project number. b. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. c. All such records must be retained for a period of 3 years following completion of the contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. d. Prior to receiving final payment, the Contractor shall submit Form SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report." e. Provide a certification of prompt payment in accordance with the Department's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. 7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted contract are complied with, the Department will monitor the Contractor's efforts to involve DBEs during the performance of this contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE contract goal, and by compliance reviews conducted on the project site by the Department. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments prior to receiving final payment for the contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution. The Contractor may not be allowed to count work on those items being substituted toward the DBE goal prior to approval of the substitution from the Department. 10-11 000--1966 06-10 The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime contractor or its affiliates is not allowed. When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the contract for any reason, the prime contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this contract. In such a case, the Department reserves the right to terminate the contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate. Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE trucker every month DBE credit is used. B. Article B. Race -Neutral Disadvantaged Business Enterprise Participation. It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race -neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for contracts and subcontractors financed in whole or in part with Federal funds. Race -Neutral DBE and non -DBE HUB participation on projects with no DBE goal shall be reported on Form SMS.4903, "DBE or HUB Progress Report" and submitted to the Area Engineer each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.A.5, "Determination of DBE Participation." The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 11-11 000--1966 06-10 2004 Specifications SPECIAL PROVISION 000--2329 Partnering 1. General. It is the intent of this provision to promote an environment of trust, mutual respect, integrity, and fair -dealing between the Department and the Contractor. 2. Definitions. A. Informal Partnering. Partnering that does not make use of a facilitator. B. Formal Partnering. Partnering where the services of a facilitator (internal or external) are utilized. 3. Procedures for Partnering Meetings and Format. Informal Partnering is required for this project, unless Formal Partnering is mutually agreed to in lieu of the Informal Partnering. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer. (1) Internal Facilitators. A Department or Contractor internal (staff) facilitator may be selected as the facilitator at no additional cost to either party. (2) External Facilitators. A private firm or individual that is independent of the Contractor and the Department may be selected as the facilitator. Submit the facilitator's name and estimated fees for approval prior to contracting with the facilitator. Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances including but not limited to audio/visual equipment. Make all meeting arrangements for Formal Partnering. Use Department facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval prior to finalizing arrangements. Coordinate facilitator discussions prior to the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Department will invite and provide a list of attendees that includes but is not limited to Department, City, County, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed. 1-2 000--2329 08-11 4. Payment. Expenses for employee time, contractor equipment, or overhead will not be allowed. Markups will not be allowed. Informal Partnering will be conducted with each party responsible for their own costs. For Formal Partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including but not limited to meals, travel, and lodging. Department facilitators may be used at no additional cost. For Formal Partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Department but used at the Contractor's option, the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Department will reimburse the Contractor for half of the eligible expenses as approved. 2-2 000--2329 08-11 2004 Specifications SPECIAL PROVISION 000--2332 Schedule of Liquidated Damages For Dollar Amount of Original Contract From More Than 0 100,000 500,000 1,000,000 1,500,000 3,000,000 5,000,000 10,000,000 20,000,000 To and Including 100,000 500,000 1,000,000 1,500,000 3,000,000 5,000,000 10,000,000 20,000,000 Over 20,000,000 1-1 Dollar Amount of Daily Contract Administration Liquidated Damages per Working Day 570 590 610 685 785 970 1125 1285 2590 000--2332 08-11 2004 Specifications SPECIAL PROVISION 000--- 2607 Nondiscrimination Description. All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964, as amended, (Title VI). Title VI forbids discrimination against anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal funds. Texas Department of Transportation, as a recipient of Federal financial assistance, and under Title VI and related statutes, ensures that no person shall on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 2000d-3), color, national origin, sex, age or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities. Definition of Terms. Where the term "contractor" appears in the following six nondiscrimination clauses, the term "contractor" is understood to include all parties to contracts or agreements with the Texas Department of Transportation. Nondiscrimination Provisions. During the performance of this contract, the contractor agrees as follows: (1) Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1-2 000--- 2607 01-13 (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Recipient, or the Texas Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Recipient or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2-2 000--- 2607 01-13 2004 Specifications SPECIAL PROVISION 000--2638 On -the -Job Training Program Federal -Aid Projects Only 1. Description. The primary objective of this Special Provision is the training and advancement of minorities, women and economically disadvantaged persons toward journeyworker status. Accordingly, make every effort to enroll minority, women and economically disadvantaged persons to the extent that such persons are available within a reasonable area of recruitment. This training commitment is not intended, and shall not be used to discriminate against any applicant for training, whether or not he/she is a member of a minority group. 2. Trainee Assignment. Training assignments are based on the past volume of state -let highway construction contracts awarded with the Department. Contractors meeting the selection criteria will be notified of their training assignment at the beginning of the reporting year by the Department's Office of Civil Rights. 3. Program Requirements. Fulfill all of the requirements of the On -the -Job Training Program including the maintenance of records and submittal of periodic reports documenting program performance. Trainees shall be paid at least 60% of the appropriate minimum journeyworker's rate specified in the contract for the first half of the training period, 75% for the third quarter, and 90% for the last quarter, respectively. 4. Reimbursement. If requested, contractors may be reimbursed $0.80 per training hour at no additional cost to the Department. Training may occur on this project, all other Department contracts, or local -administered federal -aid projects with concurrence of the local government entity. However, reimbursement for training is not available on projects to the extent that such projects that do not contain federal funds. 5. Compliance. The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and appropriate measures pursuant to Article 8.6., "Abandonment of Work or Default of Contract," which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230. 1-1 000--2638 10-13 2004 Specifications SPECIAL PROVISION 000--2839 Important Notice to Contractors By the 201h day of each month, report to the Engineer the number of incidents and injuries that occurred on the project the previous month. Report: • the total number of incidents and injuries for the Contractor and all subcontractors, and • the number of Contractor and subcontractor -related incidents and injuries that involved a third party. An "incident" is defined as any work -related occurrence that caused damage only to vehicles, equipment, materials, etc. An "injury" is defined as an OSHA recordable injury. Acquire an Electronic Project Records System (EPRS) account to report incidents and injuries. Submit an EPRS User Access Request Form (Form 2451) to request an account. This form can be found at httv://www.txdot.pov/business/resources/doing-business/i)requalifrcation.html. Report injuries and incidents using the EPRS website located at httns://arms. dot. state.tx.us/apes/et)rs/Ini urvincident/Ini rvincdt. asi)x. Failure to submit this information to the Engineers by the 20th day of each month will result in the Department taking actions including, but not limited to withholding estimates and suspending the work. This report will not be paid for directly, but will be considered subsidiary to Items of the contract. 1-1 000-2839 11-13 2004 Specifications SPECIAL PROVISION 001 --- 015 Definition of Terms For this project, Item 001, "Definition of Terms," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. The following Articles are voided and replaced by the following: 1.50. Disadvantaged Business Enterprise (DBE). A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51 % owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51 % of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 1.128. Subcontractor. A Subcontractor is defined as an individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, truck owner -operator, wholly owned subsidiary, or specialty - type businesses such as security companies and rental companies. The following Articles are voided and not replaced. 1.97. Proposal. 1.98. Proposal Form. 1.99. Proposal Guaranty. This Item is supplemented by the following: 1.148. Additive Alternate. A bid item contained in a proposal that is not a regular item or a designated alternate bid item. The additive alternate item(s) include work that may be added to the base bid work. 1.149. Base Bid. The total bid (includes regular bid items or corresponding alternate bid items if lower) amount without additive alternates. 1.150. Affiliates. Two or more firms are affiliated if: • they share common officers, directors, or stockholders; 1-2 001 --- 015 06-10 • a family member of an officer, director, or stockholder of one firm serves in a similar capacity in another of the firms; • an individual who has an interest in, or controls a part of, one firm either directly or indirectly also has an interest in, or controls a part of, another of the firms; • the firms are so closely connected or associated that one of the firms, either directly or indirectly, controls or has the power to control another firm; • one firm controls or has the power to control another of the firms; or, • the firms are closely allied through an established course of dealings, including but not limited to the lending of financial assistance. 1.151. Bid. The offer of the bidder for performing the work described in the plans and specifications including any changes made by addenda. 1.152. Bid Guaranty. The security furnished by the bidder as a guaranty that the bidder will enter into a contract if awarded. 1.153. Electronic Bid Form. The bid form contained in the Department's Electronic Bidding System. 1.154. Electronic Bidding System (EBS). The Department's automated system that allows bidders to enter and submit their bid information electronically. 1.155. Electronic Vault. The secure location where electronic bids are stored prior to bid opening. 1.156. Family Member. A family member of an individual is the individual's parent, parent's spouse, step-parent, step -parent's spouse, sibling, sibling's spouse, spouse, child, child's spouse, spouse's child, spouse's child's spouse, grandchild, grandparent, uncle, uncle's spouse, aunt, aunt's spouse, first cousin, or first cousin's spouse. 1.157. Printed Bid Form. The bidding form printed and sent to the bidder by the department or printed by the bidder from the department's Electronic Bidding System. 1.158. Bid Form. The form provided by the Department used by the bidder to submit a bid. The bid form is a Department mailed bidder's form (traditional proposal submitted manually), a Department EBS printed bid form (submitted manually), or the bid form submitted electronically through the Department's EBS. 2-2 001 --- 015 06-10 2004 Specifications SPECIAL PROVISION 002 --- 017 Instructions to Bidders For this project, Item 002, "Instruction to Bidders," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Except for Article 2.1 the remainder of Item 2 is voided and replaced by the following: 2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Form and an audited financial statement or a Bidder's Questionnaire Form at least 10 days before the date that bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders prequalified with a Bidder's Questionnaire Form are not eligible to bid on a project that requires the Confidential Questionnaire Form and audited financial statements. Comply with all technical prequalification requirements in the bid form. Obtain prequalification forms from the Construction Division. 2.3. Issuing Bid Forms. The Department will issue a bid form to a prequalified Bidder meeting the requirements of the bid form on request if the estimated cost of the proposed Contract is within that Bidder's available bidding capacity. Request bid forms orally, in writing, or electronically. In the case of a joint venture, all joint venture participants must be prequalified. An equally divided portion of the Engineer's estimate must be within each participant's available bidding capacity. The Department will not issue a bid form for a proposed Contract if one or more of the following apply: • the Bidder is disqualified by an agency of the federal government. • the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding a specific proposal because of bid error or failure to enter into a Contract of the first awarded bid. • the Bidder has not fulfilled the requirements for prequalification. • the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Department to participate in the preparation of the plans or specifications on which the bid or Contract is based. • the Bidder did not attend an advertised mandatory pre -bid conference. 1-8 002 --- 017 02-09 2.4. Interpreting Estimated Quantities. The quantities listed in the bid form are approximate and will be used for the comparison of bids. Payments will be made for the work performed in accordance with the Contract. 2.5. Examining Documents and Work Locations. Examine the bid form, plans, specifications, and specified work locations before submitting a bid for the work contemplated. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and underground utilities shown on the plans were obtained for use of the Department in the preparation of plans. This information is provided for the Bidder's information only and the Department makes no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in making foundation investigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for contractor -proposed changes in the Items of work, specifications, plans or bid forms given during the bidding process are not binding. Only requirements included in the bid form, associated specifications, plans and Department -issued addenda are binding. Request explanations of documents in adequate time to allow the Department to reply before the bid opening date.. Immediately notify the Department of any error, omission, or ambiguity discovered in any part of the bid form, specifications or plans. The Department will issue an addendum when appropriate. 2.6. Preparing the Bid. Prepare the bid on the form furnished by the Department. Bid forms may be printed or electronic. Informational forms will not be accepted. Specify a unit price in dollars and cents for each Item for which an estimated quantity is given. When "Working Days" is an Item, submit the number of working days to be used to complete the Contract, or phases of the Contract shown on the plans. An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article 2.14, "Tabulating Bids." Include unit bid prices for each Item in the Item group or alternate Item group, except for instances when alternate Items pertain to foreign steel or iron materials. If a bid form contains both regular bid Items for domestic and alternate bid Items pertaining to foreign steel or iron materials the bidder must either: • submit unit bid prices for domestic bid items only, or • submit unit bid prices for both the alternate foreign bid items and domestic bid items. Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda. A. Printed Bid Forms. Make all entries and execute the bid form in ink. Acknowledge all addenda by checking the appropriate box on the addendum acknowledgement page. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. The bid form must be signed by person(s) authorized to bind the Bidder(s). 2-8 002 --- 017 02-09 As an alternative to hand writing the unit prices in the bid form, submit a computer printout signed by the person authorized to bind the Bidder or for a joint venture the persons authorized to bind the Bidders. As a minimum, computer printouts must contain the information in the format shown on the "Example of Bid Prices Submitted by Computer Printout" form in the bid form. As an additional alternative, the bidder may prepare the bid using EBS and print out the bid form. Execute the bid form. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct name of all Bidders submitting the bid. The bid form must be signed by persons authorized to bind the Bidders. B. Electronic Bid Forms. Use the electronic bid form in EBS. Acknowledge an addendum by initialing each addendum listed under the addenda tab in EBS. Digitally sign the bid form using a digital certificate issued by the department. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants. 2.7. Nonresponsive Bids. A bid that has one or more of the deficiencies listed below is nonresponsive and will not be considered. A. The person or, in the case of a manually submitted joint venture bid, persons did not sign the bid form. B. The proposal guaranty did not comply with the requirements contained in Article 2.8, "Bid Guaranty." C. The bid was in a form other than the official bid form issued to the Bidder or Bidders. D. The bid was not in the hands of the letting official at the time and location specified in the advertisement. For electronic bids, "in the hands of the letting official" means EBS vault acknowledgement. E. The bid form submitted had the incorrect number of Items. F. A computer printout, when used, was not signed in the name of the Bidder (or joint Bidders, in the case of a joint venture), or omitted required Items or included an Item or Items not shown in the bid form. G. The Bidder was not authorized to receive a bid form under Article 2.3, "Issuing Bid Forms." H. The Bidder failed to acknowledge receipt of all addenda issued. I. The Bidder bid more than the maximum or less than the minimum number of allowable working days shown on the plans when working days was an Item. J. The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid form. K. The Bidder did not attend a specified mandatory pre -bid conference. The department will not accept or read any of the bids submitted on the same project by: • a joint venture and one or more of its partners, or 3-8 002 --- 017 02-09 • affiliated bidders. 2.8. Bid Guaranty. The bid guaranty amount is fixed at the amount indicated on the bid form on the date the bid form is released to the public. Provide a bid guaranty in the amount indicated on the bid form as follows: For printed bids, use either a guaranty check or a bid bond. An electronic bid bond may be used as the guaranty for a bid form printed from EBS. (The bid bond number is printed on the form printed from EBS and the Department verifies the bond through EBS at the letting.) • For electronic bids, use an electronic bid bond. Do not use guaranty checks or printed bid bonds on electronic bids. A. Guaranty Check. The guaranty check must be payable to the Texas Transportation Commission and must be a cashier's check, money order, or teller's check drawn by or on a state or national bank, a savings and loan association, or a state or federally chartered credit union (collectively referred to as "bank"). The check must be dated on or before the date of the bid opening. Post dated checks will not be accepted. The type of check or money order must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The Department will not accept personal checks, certified checks, or other types of money orders as a bid guaranty. B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of attorney attached, and in the amount specified on the bid bond form. The bond form must be dated on or before the date of the bid opening, bear the impressed seal of the Surety and be signed by the Bidder or Bidders, in the case of a joint venture, and an authorized individual of the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond, completed as outlined in this Subarticle. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with state law. C. Electronic Bid Bond. Use the most current version of the electronic bond issued by the department. For a joint venture, the bond must be in the name of all joint venture participants. Enter the bond authorization code into EBS. Use bond authorization codes issued by the companies listed in most recent version of EBS. 2.9. Submittal of Bid. Bids may be submitted either manually or electronically. A. Manually Submitted Bids. Place the completed bid form and the bid guaranty in a sealed envelope marked to indicate the contents. When submitting by mail or delivery service, place the envelope in another sealed envelope and address as indicated in the official advertisement. It is the bidder's responsibility to ensure that the sealed bid arrives at the location described in the official advertisement of the project on or before the time and date set for the opening. The bid must be in the hands of the Letting Official by that time, regardless of the method chosen for delivery, in order to be accepted. 4-8 002 --- 017 02-09 In addition to the requirements above, all pages of a bid form printed from EBS must be submitted. B. Electronically Submitted Bids. Submit the electronic bid to the electronic vault using EBS. It is the bidder's responsibility to ensure that the bid is received by the electronic vault on or before the time and date set for the opening. 2.10. Revising Bid Forms. Revisions to bids will be handled as follows: A. Manually Submitted Bids. 1. Before Submission. Make desired changes to the printed bid form in ink and initial the changes. 2. After Submission. Withdraw the bid in accordance with Article 2.11, "Withdrawing Bids." Make desired changes to the printed bid form in ink and initial the changes. Resubmit to the Letting Official in accordance with Article 2.9, "Delivery of Bid." The Department will not make revisions to a bid on behalf of a Bidder. B. Electronically Submitted Bids. Make desired changes up until the time and date set for the opening of bids using EBS. The electronically submitted bid with the latest time stamp by the electronic vault will be used for tabulation purposes. C. After Bid Opening. Revisions to bids are not allowed after the time and date set for the opening. 2.11. Withdrawing Bids. A. Manually Submitted Bids. Submit a signed written request to the Letting Official. The Department will not accept telephone or electronic requests, but will accept a properly signed telefacsimile request. The request must be made by a person authorized to bind the Bidder, and must be in the hands of the Letting Official before the time and date set for the opening. In the case of joint venture, the department will accept a request from any person authorized to bind a party to the joint venture to withdrawal a bid. B. Electronically Submitted Bids. Submit an electronic or written request to withdraw the bid. The electronic request must be made using EBS. For a written request, submit a signed request to the Letting Official. A request to withdraw an electronic bid must be made by a person authorized to bind the Bidder and must be made prior to the time and date set for the opening. For written request for withdrawals of electronic bids and in the case of joint venture, the department will accept a request from any person authorized to bind a parry to the joint venture to withdrawal a bid. 2.12. Opening and Reading of Bids. At the time, date and location specified in the official advertisement, the Letting Official will publicly: • open and read manually submitted bids; and • read electronically submitted bids. 5-8 002---017 02-09 2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the termination of the Contract and sanctions under the Texas Administrative Code. Termination of the Contract will be in accordance with Article 8.7, "Termination of Contract." 2.14. Tabulating Bids. A. Official Total Bid Amount. The Department will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount. Except as provided in Section 2.14.G, "Special Item Considerations," the official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public. B. Consideration of Bid Format. When a Bidder submits both an electronic bid and a properly completed manual bid, the unit bid prices in the manual bid will be used to determine the total bid amount. If a bidder submits an electronic bid and an incomplete manual bid, the electronic bid will be used in the tabulation of the total bid amount. If a bidder submits two or more manual bids, all responsive bids will be tabulated. The bid with the lowest tabulation will be used to determine the total bid amount. C. Rounding of Unit Prices. The Department will round off all unit bids involving fractional parts of a cent to the nearest one -tenth cent ($0.001) in determining the amount of the bid as well as computing the amount due for payment of each Item under the Contract. For rounding purposes, entries of five -hundredths of a cent ($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five -hundredths of a cent will be rounded down to the next lowest tenth of a cent. D. Interpretation of Unit Prices. The Department will make a documented determination of the unit bid price for tabulation purposes if a unit bid price is illegible. The Department's determination will be final. E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, will be tabulated as one -tenth of a cent ($0.001). The Department will consider proposals where unit bid prices have been left blank incomplete and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of Items, the bid will be considered complete if. • the regular Item or group of regular Items has unit prices entered, or • the alternate Item or group of alternate Items has unit prices entered. The bid will be considered incomplete and nonresponsive if: • a regular Item or group of regular Items is left blank, and • a corresponding alternate Item or group of alternate Items is left blank. 6-8 002 --- 017 02-09 F. Consideration of Alternate Items. The Department will make two calculations using one - tenth of a cent ($0.001) for each Item if: • a regular Item or a group of Items have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00, and • a corresponding alternate Item or group of Items, have an entry such as no dollars and no cents, zero dollars and zero cents, or numerical entries of $0.00. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. The Department will use the unit price that is greater than zero for bid tabulation if: • a unit price greater than zero has been entered for either a regular bid or a corresponding alternate Item or group of Items, and • an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of $0.00 has been entered for the other corresponding Item or group of Items. If a unit price has been entered for both the regular Item and a corresponding alternate Item, the Department will select the option (regular or alternate) that results in the lowest cost to the State. The Department will select the regular Item or Items or the alternate Item or Items at the Department's discretion if both the regular and alternate bid results in the same cost to the State. G. Special Item Considerations. 1. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for "Hot Asphalt -Rubber Surface Treatments" or "Hot Mix Asphalt Concrete Pavement" which contains ground tire rubber is shown in the bid form and the Bidder bids that alternate Item, the amounts bid for "Hot Asphalt -Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be reduced to 85% of the amounts actually bid. This reduction will only be used for the purposes of determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from scrap tire ground in a facility in Texas. Payment for "Hot Asphalt -Rubber" and "Aggregate" or "Hot Mix Asphalt Concrete" will be at the actual unit prices bid. 2. "Buy America." For proposed Contracts where unit bid prices are submitted for both domestic and foreign steel or iron materials, the total bid amount will be calculated using both the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be the bid using foreign steel or iron materials. If the difference between the low bid using foreign steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%, the apparent low Bidder will be the bid using domestic steel or iron materials. 3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on proposed Contracts without federal funds, the total bid amount will be based upon the reverse application of the non-resident Bidder's home state bidding preference, if any. 2.15. Consideration of Bid Errors. The Department will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: 7-8 002 --- 017 02-09 • Submit written notification to the Department within 5 business days after the date the bid is opened. • Identify the Items of work involved and include bidding documentation. The Department may request clarification of submitted documentation. The Department will evaluate the claim of an error by the apparent low Bidder by considering the following: • The bid error relates to a material Item of work. • The bid error amount is a significant portion of the total bid. • The bid error occurred despite the exercise of ordinary care. • The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Department will result in the rejection of all bids. The erring Contractor will not be allowed to bid the project when it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Department. 2.17. Electronic Bidding. Take responsibility for correctly installing the EBS software. Secure the digital certificate issued by the department at all times. Promptly report compromised digital certificates to the Department. Select an Internet Service Provider. The Department will not be responsible for Internet unavailability. The Department will not provide a computer for preparing, submitting, revising or withdrawing an electronic bid. 2.18. Bid Form Content. The electronic and the EBS printed bid form do not contain such things as the special provisions, special specifications, and general notes. These documents are included by reference. Manual bid forms (traditional proposals) will include such provisions. 8-8 002 --- 017 02-09 2004 Specifications SPECIAL PROVISION HIZIMIj11/ Scope of Work For this project, Item 4, "Scope of Work," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 4.2. Changes in the Work. The first paragraph is supplemented by the following: The Contractor is responsible for notifying the sureties of any changes to the contract. Article 4.2. Changes in the Work. The sixth paragraph is voided and replaced by the following: When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity -Based Price Adjustment Factors % of Original Quantity Factor > 50 and < 75 1.05 >25and <50 1.15 < 25 1.25 Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is voided and replaced by the following: A. Damages. Damages occur when impacts that are the responsibility of the Department result in additional costs to the contractor that could not have been reasonably anticipated at the time of letting. Costs of performing additional work are not considered damages. For contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages, labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology provided by the Department, submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant (CPA). Submit CPA -prepared labor burden rates directly to the Contract Letting and Contractor Prequalification Branch of the Construction Division. 1-3 004 --- 017 04-10 1. Delay Damages. If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: a. Standby Equipment Costs. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. • No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than 40 hr. per week, nor more than 176 hr. per month. • For Contractor -owned equipment, standby will be paid at 50% of the rental rates found in the Rental Rate Blue Book for Construction Equipment and calculated by dividing the monthly rate by 176 and multiplying by the regional adjustment factor and the rate adjustment factor. For leased equipment on standby, 100% of the invoice cost of the leased equipment will be paid. Operating costs will not be allowed. b. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the prime contractor will be made using the following options: • reimbursed at 6% (computed as daily cost by dividing 6% of the original contract amount by the as -let number of working days) or • actual documented costs for the impacted period. Project overhead for delays impacting sub -contractors will be determined from actual documented costs submitted by the Contractor. The granting of time extensions and suspensions alone will not be justification for reimbursement for project overhead. c. Home Office Overhead. The Department will not compensate the Contractor for home office overhead. Article 4.4. Requests and Claims for Additional Compensation, Section B., Dispute or Claims Procedure is voided and replaced by the following: B. Dispute or Claims Procedure. Work with the Engineer to resolve or escalate all issues in accordance with the procedures outlined at the pre -construction conference. Establish with the Engineer an issue escalation ladder and adhere to the following: 1. Project Pledge. At a minimum, Contractor representatives at the level of foreman and above will certify in writing they will approach the construction of this project in a manner consistent with delivering a high quality project in a safe, cost-effective, and timely manner, and they will be committed to not allowing personality conflicts or personal interests to interfere with providing the public with a quality project. Failure to uphold this commitment may result in grounds for removal from the project by the District Engineer. 2-3 004 --- 017 04-10 2. Issue Resolution Process. An issue is any aspect of the contract where representatives of the participants in the contract do not agree. The individuals identified at the lowest level of the issue escalation ladder will initiate the issue resolution process by escalating any issue that remains unresolved within the time frame outlined in the issue escalation ladder. Use the Department's automated issue tracking system to submit and track issues escalated to the area engineer or above. Do not use the automated issue tracking system for routine issues resolved on the project. Once the issue is recorded in the automated issue tracking system, the issue will be escalated to the district engineer within 15 calendar days. The district engineer will issue written direction within 7 calendar days. Work with the district to resolve all issues during the course of the contract. In the event the district and the Contractor cannot resolve an issue, the Contractor may file a contract claim after the completion of the contract to be handled in accordance with the Department's contract claim procedure. Contract claims will not be presented to the Contract Claims Committee for consideration prior to the final payment to the Contractor. It is the Contractor's responsibility to prove or justify all claims and requests in a timely manner. The deadline for filing a claim in accordance with 43 TAC Section 9.2, is the earlier of 1 year after the date of final acceptance, date of default, or date of termination except that claims for warranty enforcement can be made up to 1 year after expiration of the warranty period. 3-3 004 --- 017 04-10 2004 Specifications SPECIAL PROVISION 005 --- 004 Control of the Work For this project, Item 005, "Control of the Work," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 5.2 Plans and Working Drawings, is supplemented with the following: Submit shop drawings electronically for the fabrication of structural items as documented in the "Guide to Electronic Shop Drawing Submittal" available on the internet at ftD:HftD.dot.state.tx.us/nub/txdot-info/library/t)ubsibus/bridize/e submit 2uide.ndf and as directed by the Engineer for other items required by the standard specifications. References to 11 x 17 sheets in individual specifications for structural items imply electronic CAD sheets. 1-1 005 --- 004 10-06 2004 Specifications SPECIAL PROVISION 006 --- 047 Control of Materials For this project, Item 006, "Control of Materials," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 6.4. Sampling, Testing and Inspection is supplemented by the following: Meet with the Engineer and choose either the Department or a Department -selected Commercial Lab (CL) for conducting the subset of project -level sampling and testing shown in Table 1, "Select Guide Schedule Sampling and Testing." Selection may be made on a test by test basis. CLs will meet the testing turnaround times shown (includes test time and time for travel/sampling and reporting) and in all cases issue test reports as soon as possible. If the Contractor chooses a Department -selected CL for any Table 1 sampling and testing: ■ notify the Engineer, District Lab, and the CL of project scheduling that may require CL testing; ■ provide the Engineer, District Lab, and CL at least 24 hours notice by phone and e-mail; ■ reimburse the Department for CL Table 1 testing using the contract fee schedule for the CL (including mileage and travel/standby time) at the minimum guide schedule testing frequencies; ■ reimburse the Department for CL Table 1 testing above the minimum guide schedule frequencies for retesting when minimum frequency testing results in failures to meet specification limits; ■ agree with the Engineer and CL upon a policy regarding notification for testing services; ■ give any cancellation notice to the Engineer, District Lab, and CL by phone and e-mail; ■ reimburse the Department a $150 cancellation fee to cover technician time and mileage charges for previously scheduled work cancelled without adequate notice, which resulted in mobilization of technician and/or equipment by the CL; and ■ all CL charges will be reimbursed to the Department by a deduction from the Contractor's monthly pay estimate. If the CL does not meet the Table 1 turnaround times, testing charge to the Contractor will be reduced by 50% for the first late day and an additional 5% for each succeeding late day. Approved CL project testing above the minimum testing frequencies in the Guide Schedule of Sampling and Testing, and not as the result of failing tests, will be paid by the Department. Other project -level Guide Schedule sampling and testing not shown on Table 1 will be the responsibility of the Department. 1-3 006 --- 047 12-12 2004 Specifications Table 1 Select Guide Schedule Sampling and Testing (Note 1) TxDOT Test Test Description SOILS/BASE Tex-101-E Preparation of Soil and Flexible Base Materials for Testing (included in other tests) Tex- 104-E Liquid Limit of Soils (included in 106-E) Tex-105-E Plastic Limit of Soils (included in 106-E) Tex-106-E Calculating the Plasticity Index of Soils Tex-110-E Particle Size Analysis of Soils Tex- 113-E Moisture -Density Relationship of Base Materials Tex- 114-E Moisture -Density Relationship of Subgrade and Embankment Soil Tex- 115-E Field Method for In -Place Density of Soils and Base Materials Tex- 116-E Ball Mill Method for the Disintegration of Flexible Base Material Tex- 117-E, Part ( Triaxial Compression Tests For Disturbed Soils and Base Materials (Part Il) II Tex- 113-E w/ I Moisture -Density Relationship of Base Materials with Triaxial Compression Tests For Tex- 117-E Disturbed Soils and Base Materials (Part II) Tex-140-E Measuring Thickness of Pavement Layer Tex-145-E Determining Sulfate Content in Soils - Colorimetric Method HOT MIX ASPHALT Tex-200-F Sieve Analysis of Fine and Coarse Aggregate (dry, from ignition oven with known correction factors) Tex-203-F Sand Equivalent Test Tex-206-F w/ (Lab -Molded Density of Production Mixture — Texas Gyratory) Tex-207-F, Part Method of Compacting Test Specimens of Bituminous Mixtures with Density of I, Compacted Bituminous Mixtures, Part I - Bulk Specific Gravity of Compacted Tex-227-F Bituminous Mixtures, with Theoretical Maximum Specific Gravity of Bituminous Mixtures (In -Place Air Voids of Roadway Cores) Tex-207-F, Part I Density of Compacted Bituminous Mixtures, Part I- Bulk Specific Gravity of &/or Part VI Compacted Bituminous Mixtures &/or Part VI - Bulk Specific Gravity of Compacted Bituminous Mixtures Using the Vacuum Method Tex-207-F, Part Density of Compacted Bituminous Mixtures, Part V- Determining Mat Segregation V using a Density -Testing Gauge Tex-207-F, Part Density of Compacted Bituminous Mixtures, Part VII - Determining Longitudinal VII Joint Density using a Density -Testing Gauge Tex-212-F Moisture Content of Bituminous Mixtures Tex-217-F Deleterious Material and Decantation Test for Coarse Aggregate Tex-221-F Sampling Aggregate for Bituminous Mixtures, Surface Treatments, and LRA (included in other tests) Tex-222-F Sampling Bituminous Mixtures (included in other tests) Tex-224-F Determination of Flakiness Index Tex-226-F Indirect Tensile Strength Test (production mix) Tex-235-F Determining Draindown Characteristics in Bituminous Materials Tex-236-F (Correction Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Determining Factors) Correction Factors) Tex-236-F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Production Mixture) (Lab -Molded Density of Production Mixture — Superpave Gyratory) Tex-241-F w/ Superpave Gyratory Compacting of Specimens of Bituminous Mixtures (production Tex-207-F, Part mixture) with Density of Compacted Bituminous Mixtures, Part I- Part I - Bulk I, w/ Tex-227-F Specific Gravity of Compacted Bituminous Mixtures, with Theoretical Maximum Specific Gravity of Bituminous Mixtures Turn - Around Time (Calendar days) 7 6 7 7 2 5 6 10 2 4 1 (Note 2) 3 1 (Note 2) 1 (Note 2) K El 3 4 3 4 3 Ell 1 (Note 2) 1 (Note 2) 2-3 006 --- 047 12-12 2004 Specifications Tex-242-F Hamburg Wheel -Tracking Test (production mix, molded samples) 3 Tex-244-F Thermal Profile of Hot Mix Asphalt 1 Tex-246-F Permeability of Water Flow of Hot Mix Asphalt 3 Tex-280-F Flat and Elongated Particles 3 Tex-530-C Effect of Water on Bituminous Paving Mixtures (production mix) I 4 AGGREGATES Tex-400-A Sampling Flexible Base, Stone, Gravel, Sand, and Mineral Aggregates 3 Tex-410-A Abrasion of Coarse Aggregate Using the Los Angeles Machine 5 Tex-411-A Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate 12 Tex-461-A Degradation of Coarse Aggregate by Micro-Deval Abrasion I 5 CHEMICAL Tex-6124 Acid Insoluble Residue for Fine Aggregate 4 N`1-� 0 �1711, HMA Production Specialist [TxAPA — Level 1-A] ($/hr) HMA Roadway Specialist [TxAPA — Level 1-131 ($/hr) Technician Travel/Standby Time ($/hr) Per Diem ($/day — meals and lodging) Mileage Rate ($/mile from closest CL location) Note 1— Turn -Around Time includes test time and time for travel/sampling and reporting. Note 2 — These tests require turn -around times meeting the governing specifications. Provide test results within the stated turn -around time. CL is allowed one additional day to provide the signed and sealed report. 3-3 006 --- 047 12-12 2004 Specifications SPECIAL PROVISION 007 --- 918 Legal Relations and Responsibilities For this project, Item 7, "Legal Relations and Responsibilities" of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 7.4. Insurance and Bonds is voided and replaced by the following: As specified in Article 3.4, "Execution of Contract," provide the Department with a Certificate of Insurance verifying the types and amounts of coverage shown in Table 1. The Certificate of Insurance must be in a form approved by the Texas Department of Insurance Any Certificate of Insurance provided shall be available for public inspection. Table 1 Insurance Requirements Type of Insurance Amount of Coverage Commercial General Liability Insurance Not Less Than: $600,000 each occurrence Business Automobile Policy Not Less Than: $600,000 combined single limit r orkers' Compensation Not Less Than: Statutory All Risk Builder's Risk Insurance 100% of Contract Price For building -facilities contracts only) By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance or legitimate alternates. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements of Table 1 either through their own coverage or through the Contractor's coverage. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Department receives an acceptable Certificate of Insurance. The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the State. 1-4 007 --- 918 11-11 For building -facilities contracts, provide All Risk Builder's Risk Insurance to protect the Department against loss by storm, fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure. Name the Department under the Lost Payable Clause. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the State. The substitute Surety must be authorized by the laws of the State and acceptable to the Department. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner. Article 7.8. Hauling and Loads on Roadways and Structures is supplemented by the following: D. Stockpiling of Materials. Do not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review by the Engineer. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Article 7.14. Contractor's Responsibility for Work, Section B. Appurtenances is voided and replaced by the following: B. Appurtenances. 1. Unreimbursed Repair. Except for destruction (not reusable) due to hurricanes, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.14.13.2, "Reimbursed Repair." For the devices listed in this section, reimbursement may be made for damage due to hurricanes. Where the contractor retains replaced appurtenances after completion of the project, the Department will limit the reimbursement to the cost that is above the salvage value at the end of the project. 2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 7.14.A, "Reimbursable Repair," to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments). 2-4 007 --- 918 11-11 Article 7.15. Electrical Requirements, Section A. Definitions, Section 3. Certified Person is voided and replaced by the following: 3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations" or other courses as approved by the Traffic Operations Division. Submit a current and valid TRF certification upon request. On June 1, 2011, Texas Engineering Extension Service (TEEX) certifications for "TxDOT Electrical Systems" course will no longer be accepted. All TRF 450 certifications that have been issued for "TxDOT Roadway Illumination and Electrical Installations" course that expire before June 1, 2011 will be accepted until June 1, 2011. Article 7.15. Electrical Requirements, Section A. Definitions, Section 4. Licensed Electrician is voided and replaced by the following: 4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done, but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on: • passing a test based on the NEC similar to that used by Texas licensing officials, and • sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. Article 7.19. Preservation of Cultural and Natural Resources and the Environment is supplemented by the following: G. Asbestos Containing Material. In Texas, the Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated "facility" under NESHAP. Therefore, federal standards for demolition and renovation apply. Provide notice to the Department of demolition or renovation to the structures listed in the plans at least 30 calendar days prior to initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation, or removal. 3-4 007 --- 918 11-11 When demolition, renovation, or removal of load bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days prior to initiating demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the Department will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition, renovation or removal is delayed. Therefore, if the date of actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in sufficient time to allow for the Department's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Article 8.4, "Temporary Suspension of Work or Working Day Charges," due to reasons under the control of the Contractor. The Department retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. Article 7.20, Agricultural Irrigation. This Item is supplemented by the following: Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation District or land owner to determine the proper time and sequence when irrigation demands will permit shutting -off water flows to perform work. Unless otherwise provided on the plans, the work required by these provisions will not be paid for directly but shall be considered as subsidiary work pertaining to the various bid items of this contract. 4-4 007 --- 918 11-I1 2004 Specifications SPECIAL PROVISION 008 --- 119 Prosecution and Progress For this project, Item 8, "Prosecution and Progress," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 8.8. Subcontracting, is supplemented with the following: For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the executed subcontract agreement. 1-1 008 --- 119 06-10 2004 Specifications SPECIAL PROVISION 009 --- 004 Measurement and Payment For this project, Item 009, "Measurement and Payment," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 9.6. Progress Payments, Section B, Payment Provisions for Subcontractors is voided and replaced by the following: B. Payment Provisions for Subcontractors. For the purposes of this Article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the department. Pay the subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this Section, satisfactory completion is accomplished when: • the subcontractor has fulfilled the Contract requirements of both the Department and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Department; and • the work done by the subcontractor has been inspected and approved by the Department and the final quantities of the subcontractor's work have been determined and agreed upon. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Article 7.14, "Contractor's Responsibility for Work." The Department may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this Section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations as described in this Article. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article into all subcontract or material purchase agreements. 1-1 009 --- 004 1-05 2004 Specifications SPECIAL PROVISION 009 --- 015 Measurement and Payment For this project, Item 9, "Measurement and Payment," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 9.5. Force Account, B. Insurance and Taxes is replaced by the following: B. Labor Burden. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9.5.A, "Labor," will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non -project specific liability (excluding vehicular) insurance, workers compensation insurance, Social Security, unemployment insurance taxes, and fringe benefits. 1-1 009 --- 015 12-07 2004 Specifications SPECIAL PROVISION 500 --- 011 Mobilization For this project, Item 500, "Mobilization," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 500.1. Description is supplemented by the following: Work for this Item includes submissions required by the Contract. Article 500.3. Payment, Section A is voided and replaced by the following: A. Payment will be made upon presentation of a paid invoice for the payment or performance bonds and required insurance. The combined payment for bonds and insurance will be no more than 10% of the mobilization lump sum or 1 % of the total Contract amount, whichever is less. However, payment will be made for the actual cost of the paid invoice when the combined payment for bonds and insurance exceeds 10% of the mobilization lump sum or 1 % of the total Contract amount, whichever is less. Article 500.3. Payment, Section F is voided and replaced by the following: F. Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous payments under this Item will be deducted from this amount. Article 500.3. Payment is supplemented by the following: G. Payment for the remainder of the lump sum bid for "Mobilization" will be made after all submittals are received, final quantities have been determined and when any separate vegetative establishment and maintenance, test and performance periods provided for in the Contract have been successfully completed. 1-1 500 --- 011 08-12 2004 Specifications SPECIAL PROVISION 502 --- 033 Barricades, Signs, and Traffic Handling For this project, Item 502, "Barricades, Signs, and Traffic Handling," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 502.4. Payment, Section C. Maximum Total Payment Prior to Acceptance is voided and replaced by the following: C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8, "Final Acceptance." The remaining balance will be paid in accordance with Section 502.4.E, "Balance Due." 1-1 502 --- 033 10-07 2004 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 1122--002 Temporary Erosion, Sedimentation, and Environmental Controls For this project, Special Specification Item 1122, "Temporary Erosion, Sedimentation, and Environmental Controls" is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 1. Description is voided and replaced by the following: Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) or as directed by the Engineer. Ensure the installation and maintenance of control measures is performed in accordance with the manufacturer's or designer's specifications. Article 3. Qualifications, Training, and Employee Requirements is voided and not replaced. Article 4. Construction is voided and replaced by the following: A. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with the plans and specifications, and as directed by the Engineer. Coordinate storm water management with all other work on the project. Develop and implement an SWP3 for project -specific material supply plants within and outside of the Department's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. B. Implementation. 1. Commencement. Implement the SWP3 as shown and as directed. Contractor proposed recommendations for changes will be allowed as approved. Do not implement changes until approval has been received and changes have been incorporated into the plans by the Engineer. Minor adjustments to meet field conditions are allowed and will be recorded by the Engineer in the SWP3. Implement control measures prior to the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, continuous water pollution 1-6 1122--002 11-13 prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract. Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections. C. General. 1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day. 2. Stabilization. Initiate stabilization for disturbed areas after the construction activities in that portion of the site has temporarily or permanently ceased. 3. Finished Work. Upon the Engineer's acceptance of vegetative cover or other stabilization practice, remove and dispose of all temporary control measures unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. 4. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on site in a manner as to prevent actual or potential water pollution. Manage, control, and dispose of litter on site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law. D. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, and according to manufacturers' guidelines. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until earthwork construction and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Engineer. Remove devices upon approval or as directed. Upon removal, finish -grade and dress the area. Stabilize disturbed areas in accordance with the permit, and as shown on the plans or directed. The Contractor retains ownership of stockpiled material and must remove it from the project when new installations or replacements are no longer required. 1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor's option. For Types 1, 2, 3, and 5, place the aggregate to the lines, height, and slopes specified, without undue voids. For Types 2 and 3, place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria, unless otherwise shown on the plans: 2-6 1122--002 11-13 a. Type 1 (Non -reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2: 1. b. Type 2 (Reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2: 1. c. Type 3 (Reinforced). (1) Height. At least 36 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2: 1. d. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. For vertical filling, connect the sides by lacing in a single loop —double loop pattern on 4- to 5-in. spacing. At one end, pull the end lacing rod until tight, wrap around the end, and twist 4 times. At the filling end, fill with stone, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times. For horizontal filling, place sack flat in a filling trough, fill with stone, and connect sides and secure ends as described above. Lift and place without damaging the gabion. Shape sack gabions to existing contours. e. Type 5. Provide rock filter dams as shown on the plans. 2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand -tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as 3-6 1122--002 11-13 directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, "Riprap," when designated on the plans. 3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans, unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 4. Construction Exits. When tracking conditions exist, prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits. Construct exits for either long or short-term use. a. Long -Term. Place the exit over a foundation course, if necessary. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. (1) Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. (2) Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. b. Short -Term. (1) Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. (2) Type 4. Construct as shown on the plans or as directed. 5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. a. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Where required, create a sediment basin providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. b. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 4-6 1122--002 11-13 6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. a. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft. b. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. c. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment -laden storm water runoff from disturbed areas, create a retention pond, detain sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 8. Temporary Sediment -Control Fence. Provide temporary sediment -control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion -control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed. a. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the run-off source. b. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a minimum trench cross-section of 6 x 6 in. Place the fabric against the side of the trench and align approximately 2 in of fabric along the bottom in the upstream direction. Backfill the trench, then hand -tamp. c. Fabric and Net Reinforcement Attachment. Unless otherwise shown under the plans, attach the reinforcement to wooden posts with staples, or to steel posts with T-clips, in at least 4 places equally spaced. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less. d. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced, unless otherwise shown under the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment -control fence include the following: fabric with minimal or no visible signs of biodegradation (weak fibers), fabric without excessive patching (more than 1 patch every 15 to 20 ft.), 5-6 1122--002 11-13 • posts without bends, and • backing without holes. 9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align and locate the biodegradable erosion control logs as specified below, as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events, prevent damage to the logs, and to the satisfaction of the Engineer such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 inches in length by 2 to 4 inches in width by 1/2 to 2 inches in depth. Do not exceed 12 inches between track impressions. Install continuous linear track impressions where the 12 inch length impressions are perpendicular to the slope. Article 6. E. 2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and/or Restoring Control Measures is voided and replaced by the following: Earthwork needed to remove and obliterate of erosion -control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. Attachment "CONTRACTOR CERTIFICATION OF COMPLIANCE WITH STORM WATER REQUIREMENTS" is voided and not replaced. 6-6 1122--002 11-13 2004 Specifications SPECIAL SPECIFICATION 1122 Temporary Erosion, Sedimentation, and Environmental Controls 1. Description. Install, maintain, and remove erosion, sedimentation, and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan (SWP3) as provided in the plans and the Texas Pollutant Discharge Elimination System (TPDES) General Permit TXR150000. Control measures are defined as Best Management Practices used to prevent or reduce the discharge of pollutants. Control measures include but are not limited to rock filter dams, temporary pipe slope drains, temporary paved flumes, construction exits, earthwork for erosion control, pipe, construction perimeter fence, sandbags, temporary sediment control fence, biodegradable erosion control logs, vertical tracking, temporary or permanent seeding, and other measures. Perform work in a manner to prevent degradation of receiving waters, facilitate project construction, and comply with applicable federal, state, and local regulations. Ensure the installation and maintenance of control measures is performed in accordance with the manufacturer's or designer's specifications. By signing the Contractor Certification of Compliance, the Contractor certifies they have read and understand the requirements applicable to this project pertaining to the SWP3, the plans, and the TPDES General Permit TXR150000. The Contractor is responsible for any penalties associated with non-performance of installation or maintenance activities required for compliance. Provide the Contractor Certification of Compliance to the Engineer prior to performing earthwork operations. The most current version of the Contractor Certification of Compliance can be found at: http://www.txdot. jaov/inside-txdot/division/enviromnental/programs/ems-courses.html. A sample of the language has been attached to this specification. Ensure the most current version of the certificate is executed for this project. 2. Materials. Furnish materials in accordance with the following: • Item 161, "Compost" • Item 432, "Riprap" • Item 556, "Pipe Underdrains" A. Rock Filter Dams. 1. Aggregate. Furnish aggregate with hardness, durability, cleanliness, and resistance to crumbling, flaking, and eroding acceptable to the Engineer. Provide the following: • Types 1, 2, and 4 Rock Filter Dams. Use 3 to 6 in. aggregate. • Type 3 Rock Filter Dams. Use 4 to 8 in. aggregate. 2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams. Type 4 dams require: 1-17 1122 08-12 A double -twisted, hexagonal weave with a nominal mesh opening of 2-1/2 in. x 3-1/4 in.; Minimum 0.0866 in. steel wire for netting; Minimum 0.1063 in. steel wire for selvages and corners; and minimum 0.0866 in. for binding or tie wire. 3. Sandbag Material. Furnish sandbags meeting "Sandbags for Erosion Control," except that any gradation of aggregate may be used to fill the sandbags. B. Temporary Pipe Slope Drains. Provide corrugated metal pipe, polyvinyl chloride (PVC) pipe, flexible tubing, watertight connection bands, grommet materials, prefabricated fittings, and flared entrance sections that conform to the plans. Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432, "Riprap." C. Temporary Paved Flumes. Furnish asphalt concrete, hydraulic cement concrete, or other comparable non -erodible material that conforms to the plans. Provide rock or rubble with a minimum diameter of 6 in. and a maximum volume of 1/2 cu. ft. for the construction of energy dissipaters. D. Construction Exits. Provide materials that meet the details shown on the plans and this Section. 1. Rock Construction Exit. Provide crushed aggregate for long and short-term construction exits. Furnish aggregates that are clean, hard, durable, and free from adherent coatings such as salt, alkali, dirt, clay, loam, shale, soft or flaky materials and organic and injurious matter. Use 4- to 8-in. aggregate for Type 1 and 2- to 4-in. aggregate for Type 3. 2. Timber Construction Exit. Furnish No. 2 quality or better railroad ties and timbers for long-term construction exits, free of large and loose knots and treated to control rot. Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in. diameter, unless otherwise shown on the plans or allowed. For short-term exits, provide plywood or pressed wafer board at least 1/2 in. thick. 3. Foundation Course. Provide a foundation course consisting of flexible base, bituminous concrete, hydraulic cement concrete, or other materials as shown on the plans or directed. E. Embankment for Erosion Control. Provide rock, loam, clay, topsoil, or other earth materials that will form a stable embankment to meet the intended use. F. Pipe. Provide pipe outlet material in accordance with Item 556, "Pipe Underdrains," and details shown on the plans. 2-17 1122 08-12 G. Construction Perimeter Fence. 1. Posts. Provide essentially straight wood or steel posts that are at least 60 in. long. Furnish soft wood posts with a minimum diameter of 3 in. or use 2 x 4 boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-115 in. Furnish T- or L-shaped steel posts with a minimum weight of 1.3 lb. per foot. 2. Fence. Provide orange construction fencing as approved by the Engineer. 3. Fence Wire. Provide 12-1/2 gauge or larger galvanized smooth or twisted wire. Provide 16 gauge or larger tie wire. 4. Flagging. Provide brightly -colored flagging that is fade -resistant and at least 3/4 in. wide to provide maximum visibility both day and night. 5. Staples. Provide staples with a crown at least 1/2 in. wide and legs at least 1/2 in. long. 6. Used Materials. Previously used materials meeting the applicable requirements may be used if accepted by the Engineer. H. Sandbags. Provide sandbag material of polypropylene, polyethylene, or polyamide woven fabric with a minimum unit weight of 4 oz. per square yard, a Mullen burst -strength exceeding 300 psi, and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags. Filled sandbags must be 24 to 30 in. long, 16 to 18 in. wide, and 6 to 8 in. thick. Table 1 Sand Gradation Sieve # Retained (% by Weight) 4 MAXIMUM 3 % 100 MINIMUM 80% 200 MINIMUM 95% Aggregate may be used in lieu of sand for situations where sandbags are not adjacent to traffic. The aggregate size shall not exceed 3/8 in. I. Temporary Sediment Control Fence. Provide a net -reinforced fence using woven geo- textile fabric. Logos visible to the traveling public will not be allowed. 1. Fabric. Provide fabric materials in accordance with DMS-6230, "Temporary Sediment Control Fence Fabric." 2. Posts. Provide essentially straight wood or steel posts with a minimum length of 48 in., unless otherwise shown on the plans. Soft wood posts must be at least 3 in. in diameter or nominal 2 x 4in. Hardwood posts must have a minimum cross-section of 1-1/2 x 1-1/2 in. T- or L-shaped steel posts must have a minimum weight of 1.3 lb. per foot. 3-17 1122 08-12 3. Net Reinforcement. Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh, with a maximum opening size of 2 x 4 in., at least 24 in. wide, unless otherwise shown on the plans. 4. Staples. Provide staples with a crown at least 3/4 in. wide and legs 1/2 in. long. 5. Used Materials. Use recycled material meeting the applicable requirements if accepted by the Engineer. J. Biodegradable Erosion Control Logs. 1. Core Material. Furnish core material that is biodegradable or recyclable. Except where specifically called out in plans, material may be compost, mulch, aspen excelsior wood fibers, chipped site vegetation, agricultural rice or wheat straw, coconut fiber, 100% recyclable fibers, or any other acceptable material. No more than 5% of the material is permitted to escape from the containment mesh. Furnish compost meeting the requirements of Item 161, "Compost." 2. Containment Mesh. Furnish containment mesh that is 100% biodegradable, photodegradable or recyclable such as burlap, twine, UV photodegradable plastic, polyester, or any other acceptable material. a. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. b. Furnish recyclable containment mesh for temporary installations. 3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans or as directed. Stuff containment mesh densely so logs do not deform. 3. Qualifications, Training, and Employee Requirements. A. Contractor Responsible Person Environmental (CRPe) Qualifications and Responsibilities. Provide and designate in writing at the preconstruction conference a CRPe who has overall responsibility for the storm water management program. The CRPe will identify and implement storm water and erosion control practices; will oversee and observe storm water control measure monitoring and management; will monitor the project site daily to ensure compliance with the SWP3 and TPDES General Permit TXR150000; and will document daily monitoring reports and provide the reports to the Department within 48 hours. The CRPe will provide recommendations to the Engineer on how to improve the effectiveness of control measures. Attend the Department's preconstruction conference for the project. Administer the training identified in Article 3.C. Training. Document and submit a list to the Engineer of employees who have completed the training. The list should include the employee's name, the training course name, and date the employee completed the training. Provide the most current list to the Engineer at the preconstruction conference or prior to earth disturbing activities. Maintain the list as needed and make available for inspection. 4-17 1122 08-12 B. Contractor Superintendent Qualifications and Responsibilities. Provide a superintendent that is competent and has experience with and knowledge of storm water management and is knowledgeable of the requirements and the conditions of the TPDES General Permit TXR150000. The superintendent is responsible for managing and overseeing the day to day operations and activities at the project site; working with the CRPe to provide effective storm water management at the project site; representing and acting on -behalf of the Contractor; and attending the Department's preconstruction conference for the project. C. Training. All Contractor and subcontractor employees directly involved in the earthwork activities, small or large structures, storm water control measures, and seeding activities are required to complete the training identified by the Department prior to working in the right of way. Training may take place at a location at the discretion of the Contractor. 4. Construction. A. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed by the Engineer. Coordinate storm water management with all other work on the project. Develop and implement an SWP3 for project -specific material supply plants within and outside of the Department's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. B. Implementation. The CRPe, or an alternate, must be accessible by phone and able to respond to storm water management emergencies 24 hours per day. 1. Commencement. Implement the SWP3 as shown and as directed. Contractor proposed recommendations for changes will be allowed as approved. Conform to the established guidelines in the TPDES General Permit TXR150000 to make changes. Do not implement changes until approval has been received and changes have been incorporated into the plans by the Engineer. Minor adjustments to meet field conditions are allowed and will be recorded by the Engineer in the SWP3. 2. Phasing. Implement control measures prior to the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans. Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective, safe, continuous water pollution prevention. Provide control measures that are appropriate to the construction means, methods, and sequencing allowed by the Contract. Exercise precaution throughout the life of the project to prevent pollution of ground waters and surface waters. Schedule and perform clearing and grubbing operations so that stabilization measures will follow immediately thereafter if project conditions permit. Bring all grading sections to final grade as soon as possible and implement temporary and permanent control measures at the earliest time possible. Implement temporary control measures when required by the TPDES General Permit TXR150000 or otherwise necessitated by project conditions. 5-17 1122 08-12 Do not prolong final grading and shaping. Preserve vegetation where possible throughout the project and minimize clearing, grubbing, and excavation within stream banks, bed, and approach sections. C. General. 1. Temporary Alterations or Control Measure Removal. Altering or removal of control measures is allowed when control measures are restored within the same working day. 2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site has temporarily or permanently ceased. Establish a uniform vegetative cover or utilize another stabilization practice in accordance with the TPDES General Permit TXR150000. 3. Finished Work. Upon the Engineer's acceptance of vegetative cover or other stabilization practice, remove and dispose of all temporary control measures unless otherwise directed. Complete soil disturbing activities and establish a uniform perennial vegetative cover. A project will not be considered for acceptance until a vegetative cover of 70% density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained in accordance with the TPDES General Permit TXR150000. An exception will be allowed in and areas as defined in the TPDES General Permit TXR150000. 4. Restricted Activities and Required Precautions. Do not discharge onto the ground or surface waters any pollutants such as chemicals, raw sewage, fuels, lubricants, coolants, hydraulic fluids, bitumens, or any other petroleum product. Operate and maintain equipment on site in a manner as to prevent actual or potential water pollution. Manage, control, and dispose of litter on site such that no adverse impacts to water quality occur. Prevent dust from creating a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property. Wash out concrete trucks only as described in the TPDES General Permit TXR150000. Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water (i.e. dewatering). Prevent discharges that would contribute to a violation of Edwards Aquifer Rules, water quality standards, the impairment of a listed water body, or other state or federal law. D. Installation, Maintenance, and Removal Work. Perform work in accordance with the SWP3, according to manufacturers' guidelines, and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until earthwork construction and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Engineer. The Department will inspect and document the condition of the control measures at the frequency shown on the plans and will provide the Construction SWP3 Field Inspection and Maintenance Reports to the Contractor. Make corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the work site for each control measure. 6-17 1122 08-12 The only acceptable reason for not accomplishing the corrections with the time frame specified is when site conditions are "Too Wet to Work". If a correction is deemed critical by the Engineer, immediate action is required. When corrections are not made within the established time frame, all work will cease on the project and time charges will continue while the control measures are brought into compliance. Once the Engineer reviews and documents the project is in compliance, work may commence. Commencing work does not release the contractor of the liability for noncompliance of the SWP3, plans, or TPDES General Permit TXR150000. The Engineer may limit the disturbed area if in the opinion of the Engineer the Contractor cannot control soil erosion and sedimentation resulting from the Contractor's operations. Implement additional controls as directed. Remove devices upon approval or as directed. Upon removal, finish -grade and dress the area. Stabilize disturbed areas in accordance with the permit, and as shown on the plans or directed. The Contractor retains ownership of stockpiled material and must remove it from the project when new installations or replacements are no longer required. 1. Rock Filter Dams for Erosion Control. Remove trees, brush, stumps, and other objectionable material that may interfere with the construction of rock filter dams. Place sandbags as a foundation when required or at the Contractor's option. For Types 1, 2, 3, and 5, place the aggregate to the lines, height, and slopes specified, without undue voids. For Types 2 and 3, place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties, or hog rings, or as directed. Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed. Construct filter dams according to the following criteria, unless otherwise shown on the plans: a. Type 1 (Non -reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2: 1. b. Type 2 (Reinforced). (1) Height. At least 18 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2: 1. 7-17 1122 08-12 c. Type 3 (Reinforced). (1) Height. At least 36 in. measured vertically from existing ground to top of filter dam. (2) Top Width. At least 2 ft. (3) Slopes. At most 2:1. d. Type 4 (Sack Gabions). Unfold sack gabions and smooth out kinks and bends. For vertical filling, connect the sides by lacing in a single loop —double loop pattern on 4- to 5-in. spacing. At one end, pull the end lacing rod until tight, wrap around the end, and twist 4 times. At the filling end, fill with stone, pull the rod tight, cut the wire with approximately 6 in. remaining, and twist wires 4 times. For horizontal filling, place sack flat in a filling trough, fill with stone, and connect sides and secure ends as described above. Lift and place without damaging the gabion. Shape sack gabions to existing contours. e. Type 5. Provide rock filter dams as shown on the plans. 2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed. Construct embankment for the drainage system in 8-in. lifts to the required elevations. Hand -tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed. Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft. higher than the top of the inlet pipe at all points. Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft. on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed. Construct the sediment trap using concrete or rubble riprap in accordance with Item 432, "Riprap," when designated on the plans. 3. Temporary Paved Flumes. Construct paved flumes as shown on the plans or as directed. Provide excavation and embankment (including compaction of the subgrade) of material to the dimensions shown on the plans, unless otherwise indicated. Install a rock or rubble riprap energy dissipater, constructed from the materials specified above to a minimum depth of 9 in. at the flume outlet to the limits shown on the plans or as directed. 4. Construction Exits. When tracking conditions exist, prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway, alley, sidewalk, parking area, or other right of way areas other than at the location of construction exits. Construct exits for either long or short-term use. a. Long -Term. Place the exit over a foundation course, if necessary. Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a 8-17 1122 08-12 width of at least 14 ft. for one-way and 20 ft. for two-way traffic for the full width of the exit, or as directed. (1) Type 1. Construct to a depth of at least 8 in. using crushed aggregate as shown on the plans or as directed. (2) Type 2. Construct using railroad ties and timbers as shown on the plans or as directed. b. Short -Term. (1) Type 3. Construct using crushed aggregate, plywood, or wafer board. This type of exit may be used for daily operations where long-term exits are not practical. (2) Type 4. Construct as shown on the plans or as directed. 5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. a. Excavation and Embankment for Erosion Control Features. Place earth dikes, swales, or combinations of both along the low crown of daily lift placement, or as directed, to prevent runoff spillover. Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff. Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Where required, create a sediment basin providing 3,600 cu. ft. of storage per acre drained, or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time, not including offsite areas. b. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices, after a rain, and when directed. 6. Construction Perimeter Fence. Construct, align, and locate fencing as shown on the plans or as directed. a. Installation of Posts. Embed posts 18 in. deep or adequately anchor in rock, with a spacing of 8 to 10 ft. b. Wire Attachment. Attach the top wire to the posts at least 3 ft. from the ground. Attach the lower wire midway between the ground and the top wire. c. Flag Attachment. Attach flagging to both wire strands midway between each post. Use flagging at least 18 in. long. Tie flagging to the wire using a square knot. 7. Sandbags for Erosion Control. Construct a berm or dam of sandbags that will intercept sediment -laden storm water runoff from disturbed areas, create a retention pond, detain 9-17 1122 08-12 sediment, and release water in sheet flow. Fill each bag with sand so that at least the top 6 in. of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction. Offset subsequent rows of sandbags 1/2 the length of the preceding row. Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 8. Temporary Sediment -Control Fence. Provide temporary sediment -control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the fence into erosion -control measures used to control sediment in areas of higher flow. Install the fence as shown on the plans, as specified in this Section, or as directed. a. Installation of Posts. Embed posts at least 18 in. deep, or adequately anchor, if in rock, with a spacing of 6 to 8 ft. and install on a slight angle toward the run-off source. b. Fabric Anchoring. Dig trenches along the uphill side of the fence to anchor 6 to 8 in. of fabric. Provide a minimum trench cross-section of 6 x 6 in. Place the fabric against the side of the trench and align approximately 2 in of fabric along the bottom in the upstream direction. Backfill the trench, then hand -tamp. c. Fabric and Net Reinforcement Attachment. Unless otherwise shown under the plans, attach the reinforcement to wooden posts with staples, or to steel posts with T- clips, in at least 4 places equally spaced. Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in. or less. d. Fabric and Net Splices. Locate splices at a fence post with a minimum lap of 6 in. attached in at least 6 places equally spaced, unless otherwise shown under the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment -control fence include the following: • fabric with minimal or no visible signs of biodegradation (weak fibers), • fabric without excessive patching (more than 1 patch every 15 to 20 ft.), • posts without bends, and • backing without holes. 9. Biodegradable Erosion Control Logs. Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow. Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install, align and locate the biodegradable erosion control logs as specified below, as shown in plans or as directed. 10-17 1122 08-12 Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events, prevent damage to the logs, and to the satisfaction of the Engineer such that flow is not allowed under the logs. Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 10. Vertical Tracking. Perform vertical tracking on slopes to temporarily stabilize soil. Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 inches in length by 2 to 4 inches in width by 1 /2 to 2 inches in depth. Do not exceed 12 inches between track impressions. Install continuous linear track impressions where the 12 inch length impressions are perpendicular to the slope. E. Monitoring and Documentation. Monitor the control measures on a daily basis. Monitoring will consist of, but is not limited to, observing, inspecting, and documenting site locations with control measures and discharge points to provide maintenance and inspection of controls as described in the SWP3. Keep written records of daily monitoring. Document in the daily monitoring report the control measure condition, the date of inspection, required corrective actions, responsible person for making the corrections, and the date corrective actions were completed. Maintain records of all monitoring reports at the project site or at a place approved by the Engineer. Provide copies to the Engineer. Together, the CRPe and an Engineer's representative will complete the Construction Stage Gate Checklist on a periodic basis as determined by the Engineer. 5. Measurement. A. Rock Filter Dams. Installation or removal of rock filter dams will be measured by the foot or by the cubic yard. The measured volume will include sandbags, when used. 1. Linear Measurement. When rock filter dams are measured by the foot, measurement will be along the centerline of the top of the dam. 2. Volume Measurement. When rock filter dams are measured by the cubic yard, measurement will be based on the volume of rock computed by the method of average end areas. a. Installation. Measurement will be made in final position. b. Removal. Measurement will be made at the point of removal. B. Temporary Pipe Slope Drains. Temporary pipe slope drains will be measured by the foot. C. Temporary Paved Flumes. Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. D. Construction Exits. Construction exits will be measured by the square yard of surface area. 11-17 1122 08-12 E. Earthwork for Erosion and Sediment Control. 1. Equipment and Labor Measurement. Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 2. Volume Measurement. a. In Place. (1) Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. (2) Embankment. Embankment will be measured by the cubic yard in its final position by the method of average end areas. The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines, grades and slopes of the accepted embankment for the feature. b. In Vehicles. Excavation and embankment quantities will be combined and paid for under "Earthwork (Erosion and Sediment Control, In Vehicle)." Excavation will be measured by the cubic yard in vehicles at the point of removal. Embankment will be measured by the cubic yard in vehicles measured at the point of delivery. Shrinkage or swelling factors will not be considered in determining the calculated quantities. F. Construction Perimeter Fence. Construction perimeter fence will be measured by the foot. G. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. H. Temporary Sediment -Control Fence. Installation or removal of temporary sediment - control fence will be measured by the foot. I. Biodegradable Erosion Control Logs. Installation or removal of biodegradable erosion control logs will be measured by the linear foot along the centerline of the top of the control logs. J. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 6. Payment. The following will not be paid for directly but are subsidiary to pertinent Items: erosion -control measures for Contractor project -specific locations (PSLs) inside and outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, plants, and material sources); 12-17 1122 08-12 • removal of litter; unless a separate pay item is shown in the plans. • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence, carelessness, lack of maintenance, and failure to install permanent controls; • removal and reinstallation of devices and features needed for the convenience of the Contractor; • finish grading and dressing upon removal of the device; and • minor adjustments including but not limited to plumbing posts, reattaching fabric, minor grading to maintain slopes on an erosion embankment feature, or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. A. Rock Filter Dams. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Rock Filter Dams (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. When the Engineer directs that the rock filter dam installation or portions thereof be replaced, payment will be made at the unit price bid for "Rock Filter Dams (Remove)" and for "Rock Filter Dams (Install)" of the type specified. This price is full compensation for furnishing and operating equipment, finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. B. Temporary Pipe Slope Drains. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Pipe Slope Drains" of the size specified. This price is full compensation for furnishing materials, removal and disposal, furnishing and operating equipment, labor, tools, and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the pipe slope drain installation or portions thereof be replaced, payment will be made at the unit price bid for "Temporary Pipe Slope Drains" of the size specified, which is full compensation for the removal and reinstallation of the pipe drain. 13-17 1122 08-12 Earthwork required for the pipe slope drain installation, including construction of the sediment trap, will be measured and paid for under "Earthwork for Erosion and Sediment Control." Riprap concrete or stone, when used as an energy dissipater or as a stabilized sediment trap, will be measured and paid for in accordance with Item 432, "Riprap." C. Temporary Paved Flumes. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Temporary Paved Flume (Install)" or "Temporary Paved Flume (Remove)." This price is full compensation for furnishing and placing materials, removal and disposal, equipment, labor, tools, and incidentals. When the Engineer directs that the paved flume installation or portions thereof be replaced, payment will be made at the unit prices bid for "Temporary Paved Flume (Remove)" and "Temporary Paved Flume (Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor, tools, and incidentals. Earthwork required for the paved flume installation, including construction of a sediment trap, will be measured and paid for under "Earthwork for Erosion and Sediment Control." D. Construction Exits. Contractor -required construction exits from off right of way locations or on -right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" for construction exits needed on right of way access to work areas required by the Department will be paid for at the unit price bid for "Construction Exits (Install)" of the type specified or "Construction Exits (Remove)." This price is full compensation for furnishing and placing materials, excavating, removal and disposal, cleaning vehicles, labor, tools, and incidentals. When the Engineer directs that a construction exit or portion thereof be removed and replaced, payment will be made at the unit prices bid for "Construction Exit (Remove)" and "Construction Exit (Install)" of the type specified. These prices are full compensation for the removal and replacement of the construction exit and for equipment, labor, tools, and incidentals. Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under `Earthwork for Erosion and Sediment Control." E. Earthwork for Erosion and Sediment Control. 1. Initial Earthwork for Erosion and Sediment Control. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Excavation (Erosion and Sediment Control, In Place)", `Embankment (Erosion and Sediment Control, In Place)" "Excavation (Erosion and Sediment Control, In Vehicle)", "Embankment (Erosion and 14-17 1122 08-12 Sediment Control, In Vehicle)", or "Earthwork (Erosion and Sediment Control, In Vehicle)". This price is full compensation for excavation and embankment including hauling, disposal of material not used elsewhere on the project; embankments including furnishing material from approved sources and construction of erosion -control features; equipment, labor; tools, and incidentals. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. 2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and/or Restoring Control Measures. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for by a Contractor Force Account Item. This price is full compensation for excavation, embankment, and re -grading including removal of accumulated sediment in various erosion control installations as directed, hauling, and disposal of material not used elsewhere on the project; excavation for construction of erosion -control features; embankments including furnishing material from approved sources and construction of erosion -control features; and equipment, labor; tools, and incidentals. Earthwork needed to remove and obliterate of erosion -control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly, but will be subsidiary to this Item. F. Construction Perimeter Fence. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Construction Perimeter Fence." This price is full compensation for furnishing and placing the fence; digging, fence posts, wire, and flagging; removal and disposal; and materials, equipment, labor, tools, and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the perimeter fence installation or portions thereof be removed and replaced, payment will be made at the unit price bid for "Construction Perimeter Fence," which is full compensation for the removal and reinstallation of the construction perimeter fence. G. Sandbags for Erosion Control. Sandbags will be paid for at the unit price bid for "Sandbags for Erosion Control" (of the height specified when measurement is by the foot). This price is full compensation for materials, placing sandbags, removal and disposal, equipment, labor, tools, and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the sandbag installation or portions thereof be replaced, 15-17 1122 08-12 payment will be made at the unit price bid for "Sandbags for Erosion Control," which is full compensation for the reinstallation of the sandbags. H. Temporary Sediment -Control Fence. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Temporary Sediment -Control Fence (Install)." This price is full compensation for furnishing and operating equipment finish backfill and grading, lacing, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Temporary Sediment -Control Fence (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. I. Biodegradable Erosion Control Logs. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid as follows: 1. Installation. Installation will be paid for as "Biodegradable Erosion Control Logs (Install)" of the size specified. This price is full compensation for furnishing and operating equipment finish backfill and grading, staking, proper disposal, labor, materials, tools, and incidentals. 2. Removal. Removal will be paid for as "Biodegradable Erosion Control Logs (Remove)." This price is full compensation for furnishing and operating equipment, proper disposal, labor, materials, tools, and incidentals. J. Vertical Tracking. Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 16-17 1122 08-12 CONTRACTOR CERTIFICATION OF COMPLIANCE WITH STORM WATER REQUIREMENTS I, certify that I am the duly appointed representative of the Contractor with authority to make this Contractor certification. I have read and understand the requirements applicable to this project pertaining to storm water discharge authorization under Texas Pollutant Discharge Elimination System (TPDES) General Permit (GP) TXR150000. The Contractor agrees to comply with the terms of the permit that are expressly stated in the contract documents as being the responsibility of the Contractor. I have read and understand the Storm Water Pollution Prevention Plan (SWP3) developed by the Department for this project. The Contractor agrees it will be implemented prior to construction according to permit requirements and the contract documents. I understand that failure to comply with the terms of the permit that are expressly stated in the contract documents, plans, and specifications as being the responsibility of the Contractor may result in civil penalties. The Contractor acknowledges its responsibility to satisfy the following requirements: • Implement the SWP3 for the project in accordance with the plans and specifications and the TPDES GP TXR150000. • Install and maintain control measures on the project in accordance with the manufacturer's or designer's specifications. • Collaborate with the Department for joint monitoring of best management practices (BMPs) on a regular basis to verify that BMPs are performing as intended in accordance with the plans and specifications and with TPDES GP TXR150000. • Collaborate with the Department for joint identification of BMP maintenance needs and carry out such maintenance in accordance with the plans and specifications, TPDES GP TXR150000 and as directed by the Engineer. • Repair the integrity of any BMP as directed by the Engineer as soon as reasonably possible. • If appropriate, recommend changes needed in the SWP3 to the Engineer in order to prevent, to the extent practicable, water pollution associated with construction activities from entering any surface water or private property on or adjacent to the project site by storm water discharges. • Stabilize disturbed areas, as soon as practicable, in accordance with the TPDES GP TXR150000 and as directed by the Engineer. • If applicable, obtain appropriate authorizations for activities associated with any Project Specific Location under the authority of the Contractor and provide appropriate documentation of compliance to the Engineer. • Satisfy any other responsibility indicated in the contract documents that are expressly stated as the responsibility of the Contractor. Signature and Title: Date: 17-17 1122 08-12 2004 Specifications CSJ 0902-48-802 SPECIAL SPECIFICATION 2213 Decorative Wayfinding Sign Assemblies 1. Description. Construct and install decorative wayfinding sign assemblies as shown on the plans. The term "Decorative Wayfmding Sign Assemblies" means the complete fabrication and assemblage of pole, foundation, wayfinding sign, sign anchoring, parts, equipment and miscellaneous components, erected as shown on the plans and in accordance with these specifications forming a complete and independent Wayfmding Sign unit. 2. General. All wayfinding sign materials furnished by the contractor shall be new and shall conform to the applicable requirements of AASHTO, ACI, and the Design Intent Drawings. Provide new materials which comply with the details shown on the drawings and the requirements of this item. Furnish 6 sets of submittals of the decorative pole, keystrokes, paint/material samples, and signs to the Engineer at the project address. Do not begin work before these submittals are approved by the Engineer. Install decorative wayfinding sign assembly in accordance with City and State codes at locations indicated on the drawings. Install decorative wayfinding sign assembly plumb, and anchor decorative wayfinding sign assembly securely in place. Minor damages to finish shall be repaired in accordance with the material manufacturer's instructions and as approved by the Engineer. Remove and replace damaged components that cannot be successfully repaired as determined by the Engineer. Clean decorative wayfinding sign assembly promptly after installation in accordance with material manufacturer's instructions. Do not use harsh cleaning materials or methods that could damage finish. Erection of the poles located near any overhead or underground utilities shall be accomplished using established industry and utility safety practices. The Contractor shall consult with the appropriate utility companies prior to beginning such work. The careful erection and aligning of the decorative wayfinding sign assemblies shall be considered as an essential feature of the installation of the wayfinding sign assemblies. 1-4 2213 02-14 3. 0 5. Stake, install, and align each decorative wayfinding sign assembly as shown on the plans. The Contractor may shift an assembly's location, if necessary; to secure a more desirable location or to avoid conflicts with utilities only after the Engineer's written approval. Protect installed decorative wayfinding sign assembly to ensure that, except for normal weathering, decorative wayfinding sign assembly will be without damage or deterioration at time of substantial completion. Delivery, Storage and Handling Deliver materials to site in secure containers and packaging, with labels clearly identifying sign type and sign locations. Materials shall be stored in a clean, dry area. The City of Fort Worth will provide secure staging area for storage of materials and equipment. Protect materials during handling and installation to prevent damage. Materials. The manufacturer shall provide a certification document stating that each decorative wayfmding sign assembly satisfies all specifications included within the plans. Measurement. Items will be measured as follows and as explicitly detailed in this section: Description Code 2001 2002 2003 2004 2005 2006 6. Payment. Description Unit GX-lA LARGE VEHICULAR GUIDE, ONE EA PANEL GX-113 LARGE VEHICULAR GUIDE, TWO EA PANEL KX-1 PEDESTRIAN KIOSK EA GX-2 VEHICULAR GUIDE, THREE MSG EA KX-1R PEDESTRIAN KIOSK, RETROFIT — EA MAP PANEL A. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "GX-lA Large Vehicular Guide, One Panel" of the type specified. This price is full compensation for fabrication of signs and foundations, production of project 2213 02-14 submittals (shop drawings, keystroke proofs, material samples) furnishing, fabricating, galvanizing, and erecting the supports; constructing foundations including concrete (when required); furnishing complete signs including sign connections and all hardware; attaching the signs to the supports; washing and cleaning the signs; and equipment, materials, labor, tools, and incidentals. B. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "GX-113 Large Vehicular Guide, Two Panel" of the type specified. This price is full compensation for fabrication of signs and foundations, production of project submittals (shop drawings, keystroke proofs, material samples) furnishing, fabricating, galvanizing, and erecting the supports; constructing foundations including concrete (when required); furnishing complete signs including sign connections and all hardware; attaching the signs to the supports; washing and cleaning the signs; and equipment, materials, labor, tools, and incidentals. C. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "KX-1 Pedestrian Kiosk" of the type specified. This price is full compensation for fabrication of signs and foundations, production of project submittals (shop drawings, keystroke proofs, material samples) furnishing, fabricating, galvanizing, and erecting the supports; constructing foundations including concrete (when required); furnishing complete signs including sign connections and all hardware; attaching the signs to the supports; washing and cleaning the signs; and equipment, materials, labor, tools, and incidentals. A The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "GX-2 Vehicular Guide, Three Msg" of the type specified. This price is full compensation for fabrication of signs and foundations, production of project submittals (shop drawings, keystroke proofs, material samples) furnishing, fabricating, galvanizing, and erecting the supports; constructing foundations including concrete (when required); furnishing complete signs including sign connections and all hardware; attaching the signs to the supports; washing and cleaning the signs; and equipment, materials, labor, tools, and incidentals. E. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "KX-1R Pedestrian Kiosk, Retrofit — Map Panel" of the type specified. This price is full compensation for production of one map panel and installation of map panel into existing kiosk. F. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "IX-1 Parking Identifier" of the type specified. This price is full compensation for fabrication of signs and foundations, production of project submittals (shop drawings, keystroke proofs, material samples) furnishing, fabricating, galvanizing, and erecting 3-4 2213 02-14 the supports; constructing foundations including concrete (when required); furnishing complete signs including sign connections and all hardware; attaching the signs to the supports; washing and cleaning the signs; and equipment, materials, labor, tools, and incidentals. 4-4 2213 02-14 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General 11. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VI 1. Safety: Accident Prevention Vill. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are N applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. Ill. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 11 will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (III) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 5 (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. t: d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vill. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: M "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eols.ciov/), which is compiled by the General Services Administration. 9 i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant' refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.eDIs.aov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 10 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on -site work. 12 APPENDIX Al — Availability of Lands A2 — Disadvantaged Business Enterprises (DBE) Requirements A3 — Permits and Utilities CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. XXXXX Revised July 1, 2011 A1— Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. XXXXX Revised July 1, 2011 FORT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $50,000 or more, the DBE goal is applicable. If the total dollar value of � the contract is less than $50,000, the DBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS 4 The City's DBE goal on this project is % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal, or; 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the DBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort Form, if no participation: 4. Prime Contractor Waiver Form: 5. Joint Venture Form, if goal is met or exceeded: received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 212-2674. Rev. 6/1/12 ATTACHMENT1B Page 1 of 1 City of Fort Worth Disadvantage Business Enterprise Specifications Prime Company Name Bid Opening Date Prime Contractor Waiver Project Name Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Manaaina Department on or before 5:00 mm.. five (5) Citv business days after bid oaeninq. exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) on this contract, the payment therefore and any proposed changes to the original DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/Zip Printed Signature Contact Name (if different) Phone Number Email Address Date Fax Number Rev. 5/30/03 Fo RT Wow x [Uzi I�JSIGJITI U-11►1wivnT:i PROJECT NAME: PROJECT NUMBER: CITY OF FORT WORTH Disadvantaged Business Enterprise Bunting Graphics, Inc. Wayfinding Signs Installation 302825 ATTACHMENT1A Page 1 of 3 03-30-14PJ1:01 FILE Schedule of Subcontractors/Suppliers ❑ DBE BID DATE: 5/22/2014 CITY'S DBE PROJECT GOAL: 4 % I I Prime's DBE GOAL COMMITMENT: U-2'10"-% Please read the following statements prior to executing this form. **See good faith effort for further details Bidders/Offerors must provide information on all prospective subcontractor(s)/suppliers who submit bids/quotations in support of this solicitation. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non -responsive to the bid specifications. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 15t tier, a payment by a subcontractor to its supplier is considered 2"d.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Prime contractors must also provide the previous year's annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacture nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the prime contractor is responsible to identify the amounts to be used toward the committed DBE goal. If hauling services is utilized, separation of dollars for haul -in and haul out is required. In addition, the prime will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck used on the contract. The DBE may lease trucks from another DBE firm, including DBE owner - operated and receive full DBE credit. The DBE may lease trucks from non -DBEs, including owner -operators, but will only receive credit for the fees and commissions earned by the DBE as outlined in the lease agreement. Note: Be mindful of the 60% rule. Rev. 5-30-03 ATTACHMENT 1A FORT WORTH Page 2 of 3 FIL CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTORS/SUPPLIERS Check this box ❑ if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name. NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: buyers barricades Address: 7409 Baker Blve Richaland Hills, TX 76118 Phone: 817-535-3939 Fax: 817-831-7171 Email: kevinQa buyersbarricades.com Contact Person: Kevin Omachel Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: TYPE OF WORK TO BE PERFORMED Type of Work: Barricades ana Traffiic Gontroi $ AMOUNT: up to $1 1 ,000 if there is 9 months of rental Type of Work: $ AMOUNT: Type of Work: $ AMOUNT: Type of Work: $ AMOUNT: Specify CERTIFIED DBE Tier FIRM Yes X No Supplier Certified By: NCTRCA TXDOT X Other please attach DBE certification PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) less than $500K — $500K to $2M — $2M to $5M more than $5M unknown Yes No less than $500K Certified By: — $500K to $2M NCTRCA TXDOT — $2M to $5M Other please more than $5M attach DBE certification — Yes No less than $500K Certified By: — $500K to $2M NCTRCA TXDOT — $2M to $5M Other please more than $5M attach DBE certification — Yes No less than $500K Certified By: — $500K to $2M NCTRCA TXDOT — $2M to $5M Other please more than $5M attach DBE certification — Rev. 5-30-03 FORT WORTH NAMES AND ADDRESSES OF SUBCONTRACTORS/SUPPLIERS Name: Address: Phone: Fax: Email: Contact Person: Name: Address: Phone: Fax: Email: Contact Person: CITY OF FORT WORTH SCHEDULE OF SUBCONTRACTOR/SUPPLIERS TYPE OF WORK TO BE PERFORMED Type of Work: $ AMOUNT: Type of Work: $ AMOUNT: Specify CERTIFIED DBE Tier FIRM ATTACHMENT1A Page 3 of 3 PREVIOUS YEAR'S ANNUAL GROSS RECEIPTS ( check one) Yes _ No_ _ less than $500K Certified By: NCTRCA — $500K to $2M TXDOT Other please — $2M attach DBE certification more than $5M Yes _ No_ Certified By: NCTRCA TXDOT Other please attach DBE certification to $5M less than $500K $500K to $2M $2M to $5M more than $5M The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in toe bid being considered non -responsive to -bid specifications. L BES MUST BE CERTIF BY THE CITY OF FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL. Joseph P. Bunting -;A. r' Lure Printed Signature Title Buntin Gr hics, Inc. Company Name 20 Fiver Rd Address Verona, PA 15147 City/State/Zip Code Contact Name and Title (if different) 412-423-0240 Phone Number jody@buntinggraphics.com Email Address 5/29/2014 Date 412-423-0240 Fax Number Rev. 5-30-03 FORT WORTH 05- 0- 1 4P1 2 :58 F 1 L 7 City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT Bunting Graphics, Inc. 5/22/2014 Prime Company Name Wayfinding Signs Installation Project Name Bid Date #302825 ATTACHMENT 1C Page 1 of 3 Project Number If you have failed to secure DBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non -DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2"d tier. (Use additional sheets, if necessary) List of: Subcontractinq Opportunities Installation Silt Fence Barricades List of: Supplier Opportunities Rev. 5/30/03 ATTACHMENT1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office. X Yes Date of Listing 5 / 14 / 2014 No 3.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? X Yes If yes, attach DBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? X Yes If yes, attach list to include name of DBE firm, person contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide DBE name, date, time, fax number and documentation faxed. NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a particular subcontracting/supplier opportunity is ten or more, the bidder must contact at least two-thirds of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential DBEs or information regarding the location of plans and specifications in order to assist the DBEs? X Yes No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to a inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Sort- I hru Solutions 972-247-170 ' Maria Villafuerte Scope of Work Sign Installation Reason for Rejection Price too high - see attacnea Rev. 5/30/03 ATTACHMENT1C 05-30-14P12:59 FILL Page 3of3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. Bunting Graphics contacted Tasha Kilgor of the office of Housing and Economic Development for a listing of DBE firfiris. We reeeived et e an to caniplu-t u ,�xvvn RFQ was sent to the one listing for sign installer, Sort-Thru Solutions. In addition we solicited for scopes of Q) 31I1 r�vi il.li ly d1 id b) 6d1 i 1t ctdCC J. Vw i tauivCd d I CJy fi ul l l Sui l- I l 11 u JUluliul IJ vJ i;d l "V 11f ucti illy exceeded our budgeted installation number, so we felt we had to reject this. We received a quotation from ye arricaaes ror the aarraaes scope and we are comitting to using tnis company. The use of this company puts our % at approximately 2% of base bid. Should we be awarded the contract, we will call the silt tence UBE companies (who were non -responsive to our inquiry) so that we can increase our % participation closer to 3%. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. tAurize signed certifies that the information provided and the DBE(s) listed was/were in good faith. It i -understood that any DBE(s) listed in Attachment 1 C will be and the reas s for not using them will be verified by the City's M/WBE Joseph P. Bunting ign ure Printed Signature Jody Bunting Contact Name and Title (if different) Bunting Graphics, Inc. 412-423-0240 412-423-0240 Company Name Phone Number Fax Number 20 River Rd Jody@buntinggraphics.com Address Email Address Verona, PA 15147 5/29/2014 City/State/Zip Date Rev. 5130103 Bunting Graphics, Inc. 20 River Road, 0 5- 3 0 -1 4 P 1 2: 5 9 F I L E Verona, PA 15147-1159 412/820-2200, ®LAF_JL3i""w 4121820-4404 FAX IWVIU13Inv email:liz.gamelier@buntinggraphics.com May 29, 2014 Project: Fort Worth Wayfinding Signage & Installation Project # 30285 BUNTING GRAPHICS MINORITY SUBCONTRACTING INITIATIVES GOOD FAITH EFFORT Bunting Graphics Inc, a Veteran Owned Small Business Enterprise, is please to present our analysis of our efforts to incorporate MDBE local City of Fort Worth participation on the subject Project in compliance with the Bid Documentation. Bunting Graphics Inc is bidding this Project as the manufacturer and installer of the signage requirements, and as such, we do not qualify as a targeted participant entity based on the criteria specified. Although Bunting will retain control/oversight of the Installation phase of the Project, we view the Installation Phase as the opportunity to incorporate Local Resources into the project to improve the economies of the project and to present an opportunity for the requested approved Local Minority and Woman's Business Enterprises to be involved. It should be noted that Installation Phase of a project, such as this one, normally accounts for approximately 20 — 25% of the total cost of a typical signage project. The successful completion of the project requires the individuals involved to have the experience and skills in the installation of Signage. We believe that the most effective manner to maintain the quality and timeliness of the installation is to supplement the efforts of a qualified Signage Installer(s), who is either a member of the targeted group or incorporates as second tier subcontractors, when available and interested, the MWBE resources. To that end our efforts have included: • Contacting the City of Fort Worth Housing and Economic Development Department, Minority/Business Enterprise office to receive a list of qualified DBE sub -contractors. • Sort Thru solutions was noted as the singular provider of sign installation services. Sort-Thru was provided bid documents showing sign types, location plans and the project manual with the RFQ. • Sort Thru owner, Maria Villafuerte, provided a proposal for sign foundations and installation project management and field labor services (see attached quotation). The quotation exceeded an amount that we felt was reasonable for this scope of work. • We reached out to six Silt Fencing DBE companies with an RFQ and did not receive a reply. See attached listing of companies and RFQ. If we are awarded and upon completion of our installation and traffic plan, we will make every effort to get a commitment from a local DBE temporary sediment control company. • We reached out to three Barricades and Traffic Handling Companies and received one quotation from Buyers Barricades. We are committing to using Buyers Barricades however we cannot give an exact percentage of the project goal until after award. Following award we would identify a local installer and develop an installation plan including traffic control for the project. If we are favored with an award, Bunting Graphics will continue initiatives to involve local MDBE participation. .............................................................. Manufocturers Since 1369 vvn■ .RnV RFO Number DA" ❑' 208089 5/28/14 ®' 208037 5/16/14 ® 208036 5/16/14 ®' 208035 5/16/14 ®' 208034 5/16/14 ®' 208033 5/16/14 ®' 208032 5/16/14 ®' 208031 5/16/14 ®' 208030 5/16/14 ®' 208029 5/16/14 ®' 208028 5/16/14 ❑' 207964 4/30/14 RFQ Log 5/29/14 11:39 AM Page 1 PrQiact Number Company Name RFO Due Date Date 5/30/14 Needed By RFO Renuested By Phone Liz Gamelier Bradley Douglas Construction 5/23/14 Liz Gamelier Array Technologies 5/23/14 Liz Gamelier Dickey Landscape 5/23/14 Liz Gamelier Signature Contracting Services, LLC 5/23/14 Liz Gamelier Universal Fence Company Inc 5/23/14 Liz Gamelier Wims Environmental Construction, Itd 5/23/14 Liz Gamelier Buyers Barricades 5/23/14 Liz Gamelier Roadrunner Traffic Supply, Inc 5/23114 Liz Gamelier Cowtown Traffic Control 5/23/14 Liz Gamelier Sort Thru Solutions 5116/14 Liz Gamelier 972-247-1707 Sign Remedy Inc. 5116/14 terry feiler (817) 808-1408 Checked Boxes above represent DBE Companies 0 w 0 t J CD CD r") Please se We are pi We are pt We are pi We are pi We are pi We are pi Bunting G Bunting G Bunting C We would n Effai 'rEaff^ vvin■ EnV I Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www.buntinggraphics.com To: Bradley Douglas Construction Services, USA Phone: Fax: Attn: Ms. Sharon Email: cherylmc@bradleyservices.net RE: Silt fence install and removal Must be Delivered By: Deliver To: Delivery Address: Deliver Attn RFQ Description: Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208037 05-30- 1 4P0 "1 : 02 F I L Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 Delivery Notes: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NIPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www. b u n ti n gg ra p h ics. c o m Date: 5/16/2014 To: Array Technologies USA Phone: Fax: Attn: Mr. Terry Email: terry@arraytech.net; ahmad@arraytech.net RE: Silt fence install and removal REQUEST FOR QUOTATION RFQ Number: 208036 05-30-14P01:02 r Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 Must be Delivered By: Delivery Notes: Deliver To: Bunting Graphics, Inc. Delivery Address: 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Deliver Attn: Liz Gamelier RFQ Description: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 IsnffffuW8AW^+ Bunting Graphics, Inc. REQUEST FOR QUOTATION vvn■ Eff 20 River Road Verona, PA 15147 RFQ Number: 208035 Tel: 412.820.2200 Fax: 412.820.4404 05-30- 1 4 PO : 02 F I L L www.buntinggraphics.com Date: 5/16/2014 Project Number: A004762 To: Dickey Landscape Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 USA Phone: Fax: Attn: Mr. Email: dlandscape@sbcglobal.net RE: Silt fence install and removal Must be Delivered By: Delivery Notes: Deliver To: Bunting Graphics, Inc. Delivery Address: 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Deliver Attn: Liz Gamelier RFQ Description: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NIPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 nNEAMEuw vvn■ ona Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www.bunting_qraphics.com To: Signature Contracting Services, LLC , USA Phone: Fax: Attn: Mr. Email: marsha@signaturellc.org RE: Silt fence install and removal Must be Delivered By: Deliver To: Delivery Address: Deliver Attn Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208034 05-30-14P01:02 FILE Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 Delivery Notes: RFQ Description: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 vvin■ IinV I Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www.buntinggraphks.com To: Universal Fence Company Inc USA Phone Fax: Attn: Ms. Joanne Email: joanne@universalfencecompany.com RE: Silt fence install and removal Must be Delivered By: Deliver To: Delivery Address: Deliver Attn Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208033 05-30-14P01:03 FILIE Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 Delivery Notes: RFQ Description: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 13 vvn■ ■na Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www. b un tinggra ph ics. con ._ To: Wims Environmental Construction, Itd USA Phone: Fax: Attn: Ms. Kristy Email: kristy@wimsenvironmental.com RE: Silt fence install and removal Must be Delivered By: Deliver To: Delivery Address Deliver Attn: Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208032 05-30-14P01 :03 FILE Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Resaonse Due Bv: 5/23/2014 Delivery Notes: RFQ Description: We are putting together a bid for the Fort Worth Wayfinding project which requires 1500 feet of silt fencing both removal and install. Please provide a quotation for this work. I have included a PDF with sign locations all within Fort Worth. Please contact Terry Feiler if you have any questions or concerns regarding this request for quotation and thank you for your assistance. 412-423-0259, terry.feiler@buntinggraphics.com Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NIPSwould appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 off§urffJW^- Bunting Graphics, Inc. REQUEST FOR QUOTATION vvn■ Iff 20 River Road Verona, PA 15747 RFQ Number: 208031 Tel: 412.820.2200 Fax: 412.820.4404 05-30- i 4 PO 1: 03 FILL www.buntinggraphics.com Date: 5/16/2014 Project Number: A004762 To: Buyers Barricades Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 USA Phone: Fax: Attn: Kevin Email: kevin@buyersbarricades.com RE: Must be Delivered By: Delivery Notes: Delver To: Bunting Graphics, Inc. Delivery Address: 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Deliver Attn: Liz Gamelier RFQ Description: Bunting Graphics is preparing a bid for the Fort Worth Signage and Wayfinding package. We are seeking pricing on barricade services for the duration of the project. The project manual indicates the TX DOT barricade spec. The other attachment shows the signage types and locations. It is anticipated that each install location will require 2 mobilizations. One to set the concrete foundation and the second to set the sign on the break-aways. Do you have a monthly rate you can supply required barricades for this work. Please contact Terry Feiler with any questions, 412-423-0259. Yours truly, Liz Gamelier Customer Support Manager, NPS Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party without the express written consent of Bunting Graphics, Inc. We would appreciate it if you would inform us of any other companies that contact you to quote this work. Page 1 of 1 ,IsoNH"VHuw nouns Ena Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 wvvw.buntinggra phics.com To: Roadrunner Traffic Supply, Inc Fort Worth , TX USA Phone: Fax: Attn: Mr. Roadrunner Traffic Email: roadrunnertraffic@sbcglobal.net RE: Must be Delivered By: Deliver To: Delivery Address: Deliver Attn Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208030 05-30-14P01:03 FIL= Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Response Due Bv: 5/23/2014 Delivery Notes: RFQ Description: Bunting Graphics is preparing a bid for the Fort Worth Signage and Wayfinding package. We are seeking pricing on barricade services for the duration of the project. The project manual indicates the TX DOT barricade spec. The other attachment shows the signage types and locations. It is anticipated that each install location will require 2 mobilizations. One to set the concrete foundation and the second to set the sign on the break-aways. Do you have a monthly rate you can supply required barricades for this work. Please contact Terry Feiler with any questions, 412-423-0259. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 vvn■ ff" Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 4 l 2.820.4404 www.buntinggraphics.com To: Cowtown Traffic Control USA Phone Fax: Attn: Mr. Ron Email: cowtowntraffic@aol.com; ronibl_ctc@hotmail.com RE: Must be Delivered By: Deliver To: Bunting Graphics, Inc. Delivery Address: 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Deliver Attn: Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208029 05-30- 1 4 PO 1: 03 F I L E Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Resoonse Due Bv: 5/23/2014 Delivery Notes: RFQ Description: Bunting Graphics is preparing a bid for the Fort Worth Signage and Wayfinding package. We are seeking pricing on barricade services for the duration of the project. The project manual indicates the TX DOT barricade spec. The other attachment shows the signage types and locations. It is anticipated that each install location will require 2 mobilizations. One to set the concrete foundation and the second to set the sign on the break-aways. Do you have a monthly rate you can supply required barricades for this work. Please contact Terry Feiler with any questions, 412-423-0259. Yours truly, Liz Gamelier Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party without the express written consent of Bunting Graphics, Inc. We would appreciate it if you would inform us of any other companies that contact you to quote this work. Page 1 of 1 i'sn ff ffW r/&I/_ Ivvn■ Eno Date: 5/16/2014 Bunting Graphics, Inc. 20 River Road Verona, PA 15147 Tel: 412.820.2200 Fax: 412.820.4404 www.buntinggraphics.com To: Sort Thru Solutions aka Woo Signs TX 75061 USA Phone: 972-247-1707 Fax: Attn: Ms. Maria Villafuerte Email: sales@woosigns.com RE: Install quote Must be Delivered By: Deliver To: Bunting Graphics, Inc. Delivery Address Deliver Attn: 20 River Road Verona, PA 15147 Phone: (412) 820-2200 Fax: (412) 820-4404 Liz Gamelier REQUEST FOR QUOTATION RFQ Number: 208028 05-30- 1 4 PO 1: 03 F I L E Project Number: A004762 Project Name: City of Fort Worth Wayfinding Proi No. 302825 RFQ Resoonse Due Bv: 5/16/2014 Delivery Notes: RFQ Description: We would like you to take a look at the attached documents and let us know if you can handle the installation for us as a sub -contractor. Please let me know if you can provide us with pricing. Thank you. Please contact me if you have any questions or concerns regarding this request for quotation and thank you for your assistance. Yours truly, NOTICE: All information and materials provided for the purposes of this bid are proprietary to Bunting Graphics, Inc. No information and/or materials may be divulged to any third party Liz Gamelier without the express written consent of Bunting Graphics, Inc. We Customer Support Manager, NPS would appreciate it if you would inform us of any other companies that contact you to quote this work. Phone: (412) 820-2200 ext 257 Email: liz.gamelier@buntinggraphics.com Page 1 of 1 sort thru .s.t� solutions 13370 Branch View Ln. Suite 180, Dallas, TX 75234 May 26, 2014 Liz Gamelier Bunting Graphics, Inc. 20 River Rd Verona, PA 15147 412-423-0257 05-30-14P01:03 FILE www.SortThruSolutions.com The following information needs consideration. As of this date, I have a bid from Thousand Mile South Construction, Inc. at 1514 Parker Rd. Grand Prairie, TX 75050, office phone: 972-790-3100 for $ 200,200.00 dollars (Approximately $ 1,400.00 per location of each sign). This bid will cover digging footing, for 143 signs, setting concrete with anchors, ready to install sign on anchors. Handle the project and the actual sign installation on the anchors; I can do myself with my own people and equipment. I think the footing bid is very high, I was not expecting that number, I don't think it was priced right and considered each location individually (dirt, pavers or concrete). If you want a firm bid from me today, I will need to bid $ 287.000.00. Which $200,200.00 will be paid to Thousand Mile South Construction and $87,000 to Sort Thru Solutions. I fully intend to look for a better qualified source and much better price than $1,400.00 average per footing, so I will say my bid is not to exceed $ 287,000.00 dollars, right now. I am thinking that I can get this job done for at least $50,000.00 less with a little time to work it out. If I handle this complete project, you must work out for me to have $20,000.00 dollar deposit and a check by Thursday every week of which I will give you a line item invoice on work performed each week, (Invoice submitted on Thursdays to Bunting Graphics and the following Thursday I receive the payment in my hands from FEDEX) 972-774-5775 J 7— 3 0 —1 4 P 01 : J 3 i= I i_ 13370 Branch View Ln. Suite 180, Dallas, TX 75234 www.SortThruSolutions.com 972-774-5775 Please discuss with me any ideas you may have about this issue. Thank you and hope we will be working together in this project. Maria Villafuerte Sort Thru Solutions. 13370 Branch View Ln. Ste 180 Farmers Branch, TX 75234 Joint Venture Page 1 of 3 CITY OF FORT WORTH JOINT VENTURE ELIGIBILITY FORM All questions must be answered; use "NA" if applicable. Name of City project: 1. Joint venture information: Joint Venture Name Joint Venture Address (ff applicable) Telephone: Cellular: A joint venture form must be completed on each project RFPBid/Purchasing Number: Facsimile: I E-mail address: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture DBE firm name: Business Address: City, State, Zip: Telephone Cellular Facsimile E-mail Certification Status: Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the DBE: Non -DBE firm name: Business Address: City, State, Zip: Telephone Cellular E-mail address Facsimile Describe the scope of work of the non -DBE: Rev. 5/30/03 Joint Venture Page 2 of 3 3. What is the percentage of DBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreenient) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---------------------------------------------- b. Marketing and Sales --------------------------------------- c. Hiring and Firing of management personnel ----------------------------------------------I d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Disadvantage Business Enterprise Office will review your joint venture submission and will have final approval of the DBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's DBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's DBE Program. Rev. 5/30/03 Joint Venture Page 3of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of --N---a-m---e--o--f----------------------------------------------------f--a--c--t-s-. DBEfi-m-- ---- --N-a--m--e--o--f--n-o--n----D--B---E --- fi-r--m-------------------------------------------------------------------------- Printed Name of Omer Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seat) Rev, 5/30/03 A3 — Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Wayfinding Sign Installations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. XXXXX Revised July 1, 2011