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Contract 47001
*-,Ci'IY SECRETARY D.O.E. FILE CONTRACTWO, CONTRAC`70R'S BONDING CO). CONSTRUC RONI COPV Y� ffi Cgy,O/V CLIENT D RT .v��u, PROJECT MANUAL FOR THE CONSTRUCTION OF Transportation onnectio for Pedestrians s icycles Project CSJ: 0902-48-791 Federal Aid Project: STP 2011 (226) TE City Project No.: 01734 Betsy Price Tom Higgins Mayor City Manager Richard Zavala Director, Parks and Community Services Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Joel McElhany Project Manager, Parks and Community Services Department Prepared for: City of Fort Worth Parks and Community Services Department and TxDOT July 2014 U ote �y , O rd Halff Associates, Inc. 1201 North Bowser Road Richardson, TX 75081-2275 �" M&C Review Official CITY COUNCIL AGENDA: FORT WORTH COUNCIL ACTION: Approved on 7/21/2015 REFERENCE LOG 80NEIGHBORHOOD TRANS DATE: 7/21/2015 NO.: C-27389 NAME: CONNECTIONS FOR PEDESTRIANS AND BICYCLES CODE: C TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Construction Contract with The Fain Group, Inc., in the Amount of$1,438,687.96 for the Construction of Neighborhood Transportation Connections for Pedestrians and Bicycles on Westcreek Drive, Oakland Boulevard and River Park and Provide for Contingencies in the Amount of$115,095.00 for a Total Construction Phase I Cost of$1,553,782.96 (COUNCIL DISTRICTS 3, 4, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a construction contract with The Fain Group, Inc., in the amount of$1,438,687.96 for the construction of Neighborhood Transportation Connections for Pedestrians and Bicycles on Westcreek Drive, Oakland Boulevard and River Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the award and execution of a construction contract with The Fain Group, Inc., in the amount of$1,438,687.96, for the construction of Neighborhood Transportation Connections for Pedestrians and Bicycles on Westcreek Drive, Oakland Boulevard, and River Park. On May 3, 2011, (M&C G-17267), the City Council authorized the City Manager to execute a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for a Transportation Enhancement Program, Neighborhood Transportation Connections for Pedestrians and Bicycles Grant. The 80 percent federal participation is an amount of$4,416,100.00 while the 20 percent local participation share is an amount of$1,104,025.00 (plus 100 percent of any overruns), together totaling an amount of$5,520,125.00. The local share is funded through a donation of$815,260.00 ($50,000.00 of original gift was reserved for future trails) from Streams & Valleys, Inc., in an amount of$275,000.00 from the 2004 Capital Improvement Program (CIP) and an amount of$13,765.13 in gas well revenue appropriated for River Park on January 4, 2011, (M&C G-17175). The Neighborhood Transportation Connections for Pedestrians and Bicycles project includes five connections that provide Fort Worth neighborhoods access to the Trinity River Trails. Specific improvements will include paved trails, sidewalks, pedestrian bridge and on-street bike lane striping. The five connections associated with this project were identified in the Trinity River Vision Neighborhood Recreation Enhancement Plan which was adopted by City Council on August 4, 2009, (M&C G-16638) and are listed below: Phase 1. Westcreek Drive Trail Linkage (COUNCIL DISTRICT 9) http://apps.cfwnet.org/council_packet/me review.asp?ID=21 093&councildate=7/21/2015[9/8/2015 10:21:59 AM] M&C Review 2. River Park Trailhead Improvements (COUNCIL DISTRICT 3) 3. Oakland Boulevard Bike Lanes and Sidewalks (COUNCIL DISTRICT 4 and 8) Phase ll: 4. Quanah Parker Park- Handley THE Station Connection (COUNCIL DISTRICT 4) 5. Mistletoe Heights Neighborhood - Forest Park Connection (COUNCIL DISTRICT 9) On September 11, 2012 (M&C C-25819), the City Council authorized the award of an Engineering Agreement with Halff Associates, Inc., in the amount of$749,823.00 for the design and engineering of this project (City Secretary Contract No. 43789). Subsequent contract amendments No. 1 through No. 4 (January 27, 2015, M&C C-27163) totaling an amount of$239,800.00 brought the total design cost to an amount of$989,623.00. While design for Phase I has been completed, encumbrances remain to cover expenses for the remaining design work necessary to complete Phase Il. Upon the conclusion of the design development and construction plan, preparation of three of the connections (Westcreek Drive Trail Linkage, River Park Trailhead Improvements and Oakland Boulevard Bike Lanes and Sidewalks), the project was advertised for bids on March 27, 2015 and April 2, 2015, in the Fort Worth Star-Telegram. The remaining two connections (Quanah Parker Park- Handley THE Station Connection and Mistletoe Heights Neighborhood - Forest Park Connection) will be advertised for bids upon completion of the design development and preparation of construction plans. On April 23, 2015, the following bids were received and tabulated: BIDDERS BASE BID TOTAL ($) 2L Construction, LLC $1,152,711.50 Cole Construction, Inc. $1,297,633.40 Fain Group, Inc. $1,438,687.96 Journeyman's Construction, Inc. $1,656,879.19 Base Bid includes the construction of sidewalk and on-street bike lanes on Oakland Boulevard and Westcreek Drive. The base bid also included parking lot extension and trail connections at River Park. No bid alternates will be included in this contract. Upon review of the bid proposals, it was determined that 2L Construction, LLC, and Cole Construction, Inc., were not prequalified with the Texas Department of Transportation (TxDOT), which was a requirement of the grant and specified in the bid documents. Therefore, it is recommended that the total bid amount of$1,438,687.96, as submitted by The Fain Group, Inc., which was prequalified by TxDOT be approved for award of contract. In addition to the contract cost, an associated contingency funding for construction inspection, materials testing and change orders are estimated in the amount of$115,095.00 for a total project construction Phase I of $1,553,782.96 leaving a balance of an amount of$2,976,719.04 for Phase II. Construction is anticipated to commence in August 2015 and be completed by May 2016. Contract time is 250 calendar days. Project Costs Amount Halff Associates, Inc., Engineering 749,823.00 Agreement Amendment No. 1 29,900.00 Amendment No. 2 7,200.00 http://apps.cfivnet.org/council_packet/me review.asp?ID=21093&councildate=7/21/2015[9/8/2015 10:21:59 AM] M&C Review Amendment No. 3 7,500.00 Amendment No. 4 195,200.00 Total Design Phase 989,623.00 Fain Group Construction 1,438,687.96 Inspection, Testing, Change Orders 115,095.00 Total Construction Phase 1,553,782.96 Total Project To Date 2,543,405.96 Remaining Balance for Phase II 2,976,719.04 Construction Total $5,520,125.00 Project Funding Amount TxDOT Step Grant $4,416,100.00 Local Match $1,104,025.00 Total $5,520,125.00 Project location is in COUNCIL DISTRICT 3, 4, 8 and 9. M/WBE OFFICE - The Fain Group, Inc., is in compliance with the City's DBE Program by committing to 10 percent DBE participation on this project. The TxDOT DBE goal on this project is 7 percent. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Grant Capital Projects Fund, Transportation Connections for Bicycles and Pedestrians Project in the amount of$5,520,125.00. To date, encumbrances and expenditures total $795,317.18 leaving an available balance of$4,724,807.82. The Parks and Community Services Department has the responsibility to validate the availability of the Grant Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR74 541200 080302526800 $1.438,687.96 Submitted for City Manager's Office by_ Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) http://apps.cAvnet.org/council_packet/me review.asp?ID=21093&councildate=7/21/2015[9/8/2015 10:21:59 AM] M&C Review ATTACHMENTS http://apps.cfivnet.org/council_packet/me review.asp?ID=21093&councildate=7/21/2015[9/8/2015 10:21:59 AM] 000000-1 TABLE OF CONTENTS Page 1 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 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form p p FofmUnrtP�' GW W ,, }1 �� 11 004243 Proposal ice � 12 0043 13 Bid Bond � � 13 0045 11 Bidders Pre ualificatrons 14 0045 12 Prequalification Statement 15 0045 13 Bidder Prequalification Application 16 00 45 26 Contractor Compliance with Workers'Compensation Law 17 00 45 40 Disadvantage Business Enterprises (DBE) 18 00 52 43 Agreement 19 0061 13 Performance Bond 20 0061 14 Payment Bond 21 0061 19 Warranty Bond 22 0061 25 Certificate of Insurance 23 00 72 00 General Conditions 24 0073 00 Supplementary Conditions 25 26 Division 01 - General Requirements 27 01 1.1 00 Summary of Work 28 01 23 00 Alternates 29 01 2500 Substitution Procedures 30 01 31 19 Preconstruction Meeting 31 01 3120 Project Meetings 32 01 32 16 Construction Progress Schedule 33 01 3233 Preconstruction Video 34 01 33 00 Submittals 35 01 35 13 Special Project Procedures 36 01 4523 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 5526 Street Use Permit and Modifications to Traffic Control 39 01 57 13 Storm Water Pollution Prevention Plan 40 01 58 13 Temporary Project Signage 41 01 6000 Product Requirements 42 01 6600 Product Storage and Handling Requirements 43 01 7000 Mobilization and Remobilization 44 01 71 23 Construction Staking and Survey 45 01 7423 Cleaning 46 01 77 19 Closeout Requirements 47 01 7823 Operation and Maintenance Data 48 01 7839 Project Record Documents 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 i 000000-2 TABLE OF CONTENTS Page 2 of 2 1 2 Division 02 -TxDOT Requirements 3 4 1. Buy America 5 2. Child Support Statement(Family code 231.006) 6 3. OSHA Implementation 7 4. Disclosure of Lobbying Activities 8 5. Non-Collusion Statement 9 6. Certificate of Insurance 10 7. Certification of Interest 11 8. Contractor's Assurance 12 9. Seals Page 13 10. Prevailing Minimum Wage-Davis Bacon 14 11. Prison Produced Materials 15 12. Differing Site Conditions 16 13. General Notes 17 14. TxDOT Specifications List 18 15. Special Provisions 19 16. Special Specifications 20 17. Federal Requirements for Federal-Aid Construction Contracts(FHQA-1273) 21 18. "Standard Specifications for Construction Maintenance of Highways, Streets,and 22 Bridges- Adopted by the Texas Department of Transportation June 1,2004"—Included 23 by Reference, 24 25 26 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 DIVISION 00-GENERAL CONDITIONS 00 11 135-1 ADDENDA Page I of 1 SECTION 00 0515 2 ADDENDUM NO.1 3 4 PROJECT: Pedestrian and Bicycle Transportation Connection 5 6 FEDERAL AID PROJECT NO.: CSJ:0902-48-791 7 8 CITY PROJECT NUMBER: 01734 9 10 OWNER: City of Fort Worth 11 12 CONSULTING ENGINEER: Halff Associates,Inc. 13 1201 North Bowser Road 14 Richardson,TX 75081 15 TBPLS Firm No. 10029600 16 (214)346-6200 17 18 DATE OF ADDENDUM: April 20,2015,Monday 19 20 DATE OF BID OPENING: April 23,2015,Thursday 21 22 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this Addendum 23 No.1 on Section 00 2113,Instructions to Bidders, 24 Page 1 of of the Project Manual. 25 26 1. Plan Sheets Modifications—NONE 27 28 2. Project Manual Modifications 29 30 a. 00 2113 Instructions to Bidders: 31 i. Modify this section 3.1.All Bidders and their subcontractors are 32 required to be prequalified by C he a and TxDOT for the work types 33 requiring prequalification at the time of bidding.Bids received from 34 contractors who are not prequalified(even if inadvertently opened)shall 35 not be considered. 36 ii. DELETE this section 3.2. , 37 must be pr-epared to submit te City withiii seven(q)ealeftdaf d I � . 38 to Bid epefling,the desumentatiefit ideftfified in See n004145111, 34 . 40 iii. DELETE this section 3.2.1. 41 preqaalifiefftien should he addressed to the City,,,..,tact as provided 42 Paragraph 6.1 43 iv. ADD this section 19.Bidder's Statement of Qualifications 44 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 11 135-2 ADDENDA Page 2 of 2 1 QUALIFICATION OF BIDDERS: Prime Bidder and all sub-contractors 2 to be used by the bidder in the performance of this project shall be 3 required to demonstrate experience necessary to successfully perform the 4 proposed scope of work.The Prime Bidder's specific(1)experience,(2) 5 stability and(3)history of performance on projects of a similar nature 6 and scope will be considered. The 00 45 12 BIDDER'S STATEMENT 7 OF QUALIFICATIONS shall be provided to the City for the purpose 8 of evaluating the Prime bidder/subcontractors qualifications. 9 10 b, Add these sections(attached) 11 i. 00 4512 BIDDER QUALIFICATION STATEMENT 12 13 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 14 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 15 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 16 non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 17 bid submittal. 18 2� Receipt acknowledged: 21 Dennis Haar,P.E. By: e„ 22 Design Engineer,Halff Associates,Inc. 23 C mpan : "I'he Fain Group, Inc. 24 25 26 4,W, Mc any 27 tal Projects Man e City of Fort Worth 28 29 30 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 000515-1 ADDENDA Page I of 1 SECTION 00 0515 2 ADDENDUM NO.2 3 4 PROJECT: Pedestrian and Bicycle Transportation Connection 5 6 FEDERAL AID PROJECT NO.: CSJ: 0902-48-791 7 8 CITY PROJECT NUMBER: 01734 9 10 OWNER: City of Fort Worth 11 12 CONSULTING ENGINEER: Halff Associates,Inc. 13 1201 North Bowser Road I4 Richardson,TX 75081 15 TBPLS Firm No. 10029600 16 (214)346-6200 17 18 DATE OF ADDENDUM: April 22,2015, Wednesday 19 20 DATE OF BID OPENING:- April 23,2015,Thursday 21 22 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this Addendum 23 No.2 on revised sheet(s),Index of Sheets,General 24 Notes,Sidewalk Improvements,and the addition of 25 Pavement Details,to plan set. 26 27 1. Plan Sheets Modifications— Add attached sheets to plan set: 28 i. Replace Sheets-No.2—Index of Sheets;No.3—General Notes; 29 No.76—Sidewalk Improvements 30 ii. Add-Sheet No.88A-Pavement Details 31 32 2. Project Manual Modifications 33 34 i. NONE 35 36 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 37 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 38 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 39 non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 40 bid submittal, 41 42 43 Receipt knowledged: 44 ° 45 Dennis Haar,P.E. By: 46 Design Engineer,Halff Associates,Inc, 47 Company: The Fain Group, Inc. 48 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City ProjectNumher:01734 000515-2 ADDENDA Page 2 of 2 t ZI 1 � 2 3 oe McElhany 4 Capital Projects M age City of Fort Worth 5 6 . END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City ProjectNuniber:01734 0011 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Pedestrian and Bicycle Transportation Connection will be 5 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,April 23,2015, and bids will be opened publicly and read 12 aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: earthwork,concrete sidewalk 16 paving, concrete parking lot pavement street markings and regulatory traffic signage. 17 18 PREQUALIFICATION 19 The improvements included in this project must be performed by a contractor who is prequalified 20 by the City and TxDOT at the time of bid opening.The procedures for qualification and 21 prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasing/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 27 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 28 suppliers. 29 30 PREBID CONFERENCE 31 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 32 BIDDERS at the following location, date, and time: 33 34 DATE: Monday,April 6,2015 35 36 TIME: 1:30 PM 37 38 PLACE: 4200 South Freeway, Suite 2200 39 Fort Worth,Texas 76115 40 41 LOCATION: Parks and Community Services Department office are located on the 2nd floor of 42 the La Gran Plaza Shopping Mall. Enter at the South East entrance(near the five 43 flag poles),then take the stairs of elevator to the 2nd floor. 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 FUNDING 2 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 3 revenues generated from 2004 Capital Improvement Program, Gas Revenues,and State 4 Transportation Enhancement Program funding. 5 6 INQUIRIES 7 All inquiries relative to this procurement should be addressed to the following: 8 9 Attn: Joel McElhany, City of Fort Worth 10 11 Email: ioel.mcelhany(a)fortworthtexas.20v 12 13 Phone: (817)392-5745 14 15 ADVERTISEMENT DATES 16 March 26,2015 17 April 02,2015 18 19 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company,association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder:Any person, firm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders 33 34 3.1.All Bidders and their subcontractors are required to be prequalified by the City and 35 TxDOT for the work types requiring prequalification at the time of bidding.Bids 36 received from contractors who are not prequalified(even if inadvertently opened) shall 37 not be considered. 38 39 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 40 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 41 45 11,BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 3.3.The City and TxDOT reserves the right to require any pre-qualified contractor who is the 47 apparent low bidder(s) for a project to submit such additional information as the City or 48 TxDOT,in its sole discretion may require, including but not limited to manpower and 49 equipment records,information about key personnel to be assigned to the project, and CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 construction schedule,to assist the City and TxDOT in evaluating and assessing the 2 ability of the apparent low bidder(s)to deliver a quality product and successfully 3 complete projects for the amount bid within the stipulated time frame. Based upon the 4 City's and TxDOT's assessment of the submitted information,a recommendation 5 regarding the award of a contract will be made to the City Council. Failure to submit the 6 additional information, if requested, may be grounds for rejecting the apparent low 7 bidder as non-responsive.Affected contractors will be notified in writing of a 8 recommendation to the City Council. 9 10 3.4. In addition to prequalification, additional requirements for qualification may be required 11 within various sections of the Contract Documents. 12 13 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 14 15 4.1.Before submitting a Bid, each Bidder shall: 16 17 4.1.1. Examine and carefully study the Contract Documents and other related data 18 identified in the Bidding Documents(including "technical data"referred to in 19 Paragraph 4.2, below).No information given by City or any representative of the 20 City other than that contained in the Contract Documents and officially 21 promulgated addenda thereto,shall be binding upon the City. 22 23 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 24 site conditions that may affect cost,progress,performance or furnishing of the 25 Work. 26 27 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 28 progress,performance or furnishing of the Work. 29 30 4.1.4.Study all: (i)reports of explorations and tests of subsurface conditions at or 31 contiguous to the Site and all drawings of physical conditions relating to existing 32 surface or subsurface structures at the Site(except Underground Facilities)that 33 have been identified in the Contract Documents as containing reliable "technical 34 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 35 at the Site that have been identified in the Contract Documents as containing 36 reliable "technical data." 37 38 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 39 the information which the City will furnish.All additional information and data 40 which the City will supply after promulgation of the formal Contract Documents 41 shall be issued in the form of written addenda and shall become part of the Contract 42 Documents just as though such addenda were actually written into the original 43 Contract Documents.No information given by the City other than that contained in 44 the Contract Documents and officially promulgated addenda thereto, shall be 45 binding upon the City. 46 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations,tests,borings,and such other means 2 as may be necessary to gain a complete knowledge ofthe conditions which will be 3 encountered during the construction ofthe project. On request,City may provide 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations,tests and studies. 8 9 4.1.7. Determine the difficulties ofthe Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion,and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates, investigation,research,tests, explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation, examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents. The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment ofthe intent ofthe Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation ofthe Contract Documents. 30 The logs of Soil Borings,if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation ofthe Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part ofthe Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. ofthe General Conditions has been identified 42 and established in Paragraph SC 4.02 ofthe Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data,interpretations, opinions or information. 45 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods,techniques,sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 15 biphenyls (PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way, easements, and/or permits,and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 42 43 44 45 46 47 48 49 50 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to.Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth,TX 76102 16 17 Attn: Joel McElhany,City of Fort Worth 18 Fax: (817)392-5724 19 Email:joel.mcelhany @fortworthtexas.gov 20 Phone: (817)392-5745 21 22 23 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 24 City. 25 26 6.3.Addenda or clarifications may be posted via Buzzsaw at: 27 http://www.foi-twoi-thtexas.gov/purchasin 28 29 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 30 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 31 Project. Bidders are encouraged to attend and participate in the conference. City will 32 transmit to all prospective Bidders of record such Addenda as City considers necessary 33 in response to questions arising at the conference. Oral statements may not be relied 34 upon and will not be binding or legally effective. 35 36 7. Bid Security 37 38 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 39 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 40 the requirements of Paragraphs 5.01 of the General Conditions. 41 42 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 43 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 44 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 45 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 46 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 47 other Bidders whom City believes to have a reasonable chance of receiving the award 48 will be retained by City until final contract execution. 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract,if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 14 equal' item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts.A copy of the Ordinance can be 25 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate.The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST, five(5)City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 45 price item listed therein. In the case of optional alternatives,the words "No Bid," 46 "No Change," or "Not Applicable"may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals,for which the Bidder proposes to do the 48 work contemplated or furnish materials required.All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner,whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number,Project title,the name and address of Bidder,and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids.After all Bids not requested for withdrawal are 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may,at the option of the City,be returned unopened. 50 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any)will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 17 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders,Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications,and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization,work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. A contract is not awarded until formal City Council authorization. If the Contract is 9 to be awarded, City will award the Contract within 90 days after the day of the Bid 10 opening unless extended in writing. No other act of City or others will constitute 11 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 12 the City. 13 14 17.7. Failure or refusal to comply with the requirements may result in rejection of Bid. 15 16 18. Signing of Agreement 17 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 18 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 19 Contractor shall sign and deliver the required number of counterparts of the Agreement to 20 City with the required Bonds, Certificates of Insurance, and all other required documentation. 21 City shall thereafter deliver one fully signed counterpart to Contractor. 22 23 24 25 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 0035 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. http://www.ethics.state.tx.us/forms/CIQ.pd f hftp://www.ethics.state.tx.us/forms/CIS.pd f 1Z 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: The Fain Group, Inc. By: Larry Fr ier 1616 N Sylvania Signature: Fort Worth, TX 76111 0 Title: •�'" President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00—Bid Form.xls 003513-2 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 2 1 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 41 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: Transportation Connections for Pedestrians and Bicycles Park Name City Project No.: Oakland Blvd 01734 Westcreek 01734 Riverpark 01734 Units/Sections: Unit 1 -Earthwork and Landscape Unit 2-Subgrade Treatments and Base Unit 3-Surface Courses and Pavement Unit 4-Structures Unit 5-Miscellaneous Construction Unit 6-Lighting,Signing, Markings and Signals Unit 7-Special Specifications Unit 8-Alternate#1 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0041 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on 04/23/15 by the entity named below. Respectfully submitte Receipt is acknowledged of Initial the following Addenda: .I By: Addendum No. 1: ZZI- �91gnature) Addendum No.2: Addendum No.3: Larry Frazier Addendum No.4: (Printed Name) Title: President Company: The Fain Group, Inc. Corporate Seal: Address: 1616 N Sylvania Fort Worth,TX 76111 State of Incorporation: TEXAS Email: Larry Frazier Phone: 817-927-4388 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 41 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 250 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 *If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $1,438,687.96 Additive Alternate $8,216.40 Total Bid $1,446,904.36 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 42 43 BID PROPOSAL Page I of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Unit 1-Earthwork and Landscape PREPARING ROW(TREE)(0"TO 6"DIA)- 0100-2008 r G ..,, EA 4 dollars and ., �'"' nts $500.00 $2,000.00 SAWCUT,REMOVE CONCRETE(PAVE)- 0104-2001 SY 50 dollars and cents $53.00 $2,650.00 REMOVE CONCRETE RIPRAP- 0104-2009 SY 150 't�". dollars and .: cents $53.00 $7,950.00 SAWCUT,REMOVE CONCRETE(SIDEWALK)- 0104-2015 SY 172 Jd ij dollars and 1 'rye.- cents $37.00 $6,364.00 REMOVING CONC(CURB AND GUTTER)- 0104-2029 @ LF 380 dollars and cents $11.00 $4,180.00 EXCAVATION(SPECIAL)- 0110-2003 CY 1,640 (11I d I,�.?fwa t dollars and cents $21.00 $34,440.00 EMBANKMENT(FINAL)(DENS CONT)(TY C)- 0132-2006 CY 1,248 dollars and cents $34.00 $42,432.00 BACKFILLING PAVEMENT EDGES(TY A)- 0134-2005 CY 636 t,..:„• FJ , fj a'k. dollars and cents $39.00 $24,804.00 BLOCK SODDING- 0162-2002 SY 5,779 dollars and cents $6.00 $34,674.00 SOIL RETENTION BLANKET CL1 TY A- 0169-2001 SY 284 ' ,._ t . dollars and cents $3.00 $852.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 2 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure VEGETATIVE WATERING- 0170-2001 MG 251 �.:.i 1 4 dollars and cents $40.00 $10,040.00 Subtotal $170,386.00 Unit 2-Subgrade Treatments and Base FL BS(CMP IN PLC)(TY A GR 1)(7")- 0247-2226 SY 265 "yr` c, dollars and Ecents $120.00 $31,800.00 Unit 3-Surface Courses and Pavement CONC PVMT(CONT REINF-CRCP)(7")- 0360-2065 SY 712 dollars and cents $89.00 $63,368.00 CURB(TY II)- 0360-2018 7' 1 Ir't �' � / ?. LF 293 dollars and cents $25.001 $7,325.00 Subtotal $70,693.00 Unit 4-Structures RETAINING WALL(CAST IN PLACE) 0423-2012 SF 1,127 ""I 1 4 ;r 5 dollars and P'"%"-' cents 61.00 $68,747.00 RIPRAP(STONE COMMON)(DRY)(12 1N.)- 0432-2033 CY 2 —F,xi' dollars and -'cents 472.00 $944.00 REMOVE RAILING- 0452-2004 LF 30 �i�' Q'C" t•--) dollars and ..•w cents 11.00 $330.00 CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page3 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure ADJ MANHOLE(WATER VALVE 80X)- 0479-2005 EA 3 i�.d c:•_ dollars and -tents 1,000.00 $3,000.00 ADJ MANHOLE(ELECTRICAL BOX)- 0479-2011 ..;�°-,f" e G_; ,aw r.,.J A 1 dollars and ents 1,000.00 $1,000.00 Subtotal $74,021.00 Unit S-Miscellaneous Construction MOBILIZATION- .. �. 0500-2001 Ls 3 dollars and c, cents . iz 0 � 1 -0 BARRICADES,SIGNS,TRAFFIC HANDLING- C 0502-2001 MO 11 l"" ,w.h„} ) =.Ja, `C�dollars and cents $4,500.00 $49,500.00 CONSTRUCTION EXITS(INSTALL)(TY 1)- 0506-2016 SY 20 dollars and rj--tents $120.00 $2,400.00 CONSTRUCTION EXITS(REMOVE)(TY 1)- 0506-2019 SY 20 dollars and r cents $43.00 $860.00 ONE-WAY TRAFFIC CONTROL- 0510-2001 t� dolls sand MO 2 t"&p .t, „,... a , cents CURB RAMPS(TY 1)- 0531-2005 EA 1 �x..!dollars and cents $1,400.00 $1,400.00 CURB RAMPS(TY 2)- 0531-2006 EA 1 �a ' G;,, ,. ,.tr;,i.. dollars and cents $1,500.00 $1,500.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 4 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure CURB RAMPS(TY 7)- 0531-2010 — ,ko'a �J EA 15 ., d dollars and cents $1,500.00 $22,500.00 CURB RAMPS(TY 8)- 0531-2011 �� ,��� � ,F(.,�"° EA 2 "ft R .....,( �, -' dollars and k cents $1,420.00 $2,840.00 CURB RAMPS(TY 9)- _. 0531-2012 (1 �...' id�:a, ( "� ,.4 in !�1 ki Gt n(Jrp EA 1 1. dollars and _ y cents $1,380.00 $1,380.00 CONC SIDEWALKS(4")- 0531-2015 SY 5,397 .T) vr n- 114 TV wC dollars and ', cents $73.00 $393,981.00 CURB RAMPS(TY 10)- 0531-2041 n') I- c� p J A , EA 4 : rL .6 n�it v—) dollars and cents $1,390.00 $5,560.00 Subtotal Unit 6-Lighting,Signing,Markings and Signals ALUMINUM SIGNS(TY A)- 0636-2001 -�� � !��r """" EA 180 dollars and cents $27.00 $4,860.00 IN SM RD SN SUP&AM TY10BWG(1)SA(P)- 0644-2001 - 2 A EA 98 N dollars and cents $718.00 $70,364.00 IN SM RD SN SUP&AM TY10BWG(2)SA(P)- 0644-2013 ` l � �' (a),,• . EA 12 i (,, . dollars and rZ cents $1,150.00 $13,800.00 RELOCATE SM RD SN&AM TY 10BWG- 0644-2056 �fo, I q @ c,uAJ ,C'-1 A h u ..., t EA 6 doll rs and cents $530.00 $3,180.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 5 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure REMOVE SM RD SN SUP&AM- 0644-2060 EA 16 dollars and y cents $215.00 $3,440.00 REFL PAV MRK TY 14"WHITE(BROKEN)- 0666-2003 V-2 LF 3,873 dollars and ve n- cents $0.70 $2,711.10 REFL PAV MRKTY 14"WHITE(SLD)- 0666-2012 LF 1,036 dollars and cents $0.60 $621.60 REFL PAV MRKTY 16"WHITE(BRK)- 0666-2015 y LF 2,910 dollars and t (\e-t cents $0.90 $2,619.00 REFL PAV MRK TY I(W)6"(SLD)(100MIL)- 0666-2024 LF 25,499 dollars and cents $0.80 $20,399.20 REFL PAV MRK TY I(W)8"(SLD)(1 MIL)- 0666-2036 LF 1,399 dollars and _ i Z.,:;"t' -1 Q cents $1.40 $1,958.60 REFL PAV MRK TY I(W)12"(SLI)(100MIL)- 0666-2042 LF 1,682 dollars and cents $5.00 $8,410.00 REFL PAV MRK TY I(W)24"(SLD)(100MIL)- 0666-2048 LF 812 '� '')"� dollars and th cents $10.00 $8,120.00 REFL PAV MRK TY I(W)(ARROW)(100MIL)- 0666-2054 EA 57 Q.,uu ���''$�" \ °ti,., ('.r"() dollars and J cents $215.00 $12,255.00 REFL PAV MRK TY I(W)(BIKE ARROW)(100MIL)- 0666-2057 EA 180 dollars and cents $173.00 $31,140.00 REFL PAV MRK TY I(W)(BIKE RR CROSSING)(100MIL)- 0666-2060 EA 2 ._. i;'r �,1�.,�f"'r;" dollars and cents $300.00 $600.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fonn Revised 20120120 00 41 00 Bid Forth 00 42 43 BID PROPOSAL Page 6 or 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure REFL PAV MRK TY I(W)(BIKE SYMBOL)(100MIL)- 0666-2063 EA 180 -w:r..' dollars and �,.,,, cents $200.00 $36,000.00 REFL PAV MRK TY I(W)(DOUBLE ARROW)(100MIL)- - 0666-2069 A"-m ', .t,f" dollars and 1 cents $364.00 $3,276.00 REFL PAV MRK TY I(W)(RR CROSSING)(100MIL)- 0666-2084 4 cl I A A° � "' EA 4 vh dollars and cents $822.00 $3,288.00 REFL PAV MRK TY I(W)(SYMBOL)(100MIL)- 0666-2087 EA 2 dollars and cents $260.00 $520.00 REFL PAV MRK TY 14"YELLOW(SOLID)(100MIL)- 0666-2111 LF 17,272 fir' dollars and f, ,X-111i cents $0.60 $10,363.20 REFL PAV MRK TY 18"(Y)(SLD)(100MIL)- 0666-2123 LF 424 sA -" dollars and ,+ cents $1.25 $530.00 -REFL PAV MRK TY II(W)(WORD)[100MIL)- 0666-2173 LF 14 k"1 r ,I; t -.1,L dollars and ,) cents $160.00 $2,240.00 PAVEMENT SEALER FOR MRKS(4")- 0666-2189 LF 22,181 dollars and cents $0.14 $3,105.34 PAVEMENT SEALER FOR MRKS(6")- 0666-2190 LF 28,409 dollars and - wj'�(" cents $0.22 $6,249.98 PAVEMENT SEALER FOR MRKS(8")- 0666-2191 LF 1,823 dollars and A-tt.,>t m"�, �� j �` .:.', cents $0.29 $528.67 PAVEMENT SEALER FOR MRKS(12')- 0666-2193 LF 1,682 (° dollars and cents $1.00 $1,682.00 CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00—Bid Form 00 42 43 BID PROPOSAL Page 7 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure PAVEMENT SEALER FOR MRKS(24")- 0666-2195 LF 812 J dollars and cents $2.00 $1,624.00 PAVEMENT SEALER FOR MRKS(ARROW)- 0666-2219 EA 57 dollars and (� cents $44.00 $2,508.00 PAVEMENT SEALER FOR MRKS(WORD)- 0666-2220 EA 14 1 dollars and cents $54.00 $756.00 PAVEMENT SEALER FOR MRKS(DBL ARROW)- 0666-2224 EA 9 dollars and cents $63.00 $567.00 PAVEMENT SEALER FOR MRKS(SYMBOL)- 0666-2227 EA 4 \A ll ,.�1 .w dollars and cents $93.00 $372.00 PAVEMENT SEALER FOR MRKS(RR ING)- 0666-2228 EA 4 dollars and cents $163.00 $652.00 PAVEMENT SEALER FOR MRKS(BIKE ARROW)- 0666-2251 EA 180 dollars and w cents $7.00 $1,260.00 PAVEMENT SEALER FOR MRKS(BIKE SYMBOL)- 0666-2252 EA 180 dollars and ,..�` cents $10.00 $1,800.00 RATS PAV MRKR TY II-C-R- 0672-2017 EA 199 � dollars and ./ cents $7.00 $1,393.00 TRAFFIC BUTTON TY W- 0672-2024 EA 16,514 ��A_��� dollars and cents $4.00 $66,056.00 TRAFFIC BUTTON TY II-A-A- 0672-2025 EA 178 dollars and cents $7.00 $1,246.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form " 004243 BID PROPOSAL Page 8 of 13 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure ELIM EXT PAV MRK&MRKS(4")- 0677-2001 LF 466 dollars and cents $2.75 $1,281.50 ELIM EXT PAV MRK&M KS(12")- 0677-2005 LF 150 dollars and cents $1.40 $210.00 ELIM EXT PAV MIRK&MRKS(24")- 0677-2007 LF 124 dollars and %.... cents $2.80 $347.20 ELIM EXT PAV MRK&MR (ARROW)- 0677-2008 EA 4 f A dollars and cents $57.00 $228.00 ELIM EXT PAV MRK&MRKS(RR XING)- 0677-2014 4 ✓" 1 t t'° dollars and " cents $145.00 $580.00 ELIM EXT PAV MIRK&MRKS(SYMBOL)- 0677-2015 EA 1 J vs. '"" (,,p dollars and cents $97.00 $97.00 ELIM EXT PAV MRK&MRKS(WORD)- 0677-2018 EA 4 a,.w w ��) �ra �����- dollars and cents $48.00 $192.00 ELIM REFL PAV MRKR TY W 0677-2024 EA 2,931 .. �I dollars and cents $2.00 $5,862.00 ELIM TRAFFIC BUTTON TY Y — 0677-2025 EA 3,625 7 dollars and ( cents $2.00 $7,250.00 PAV SURF PREP FOR MRK(4")- __ 0678-2001 LF 22,181 dollars and cents $0.22 $4,879.82 PAV SURF PREP FOR MIRK(6"y- 0678-2002 LF 28,409 dollars and ), . �, cents $0.291 $8,238.61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 9 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure PAV SURF PREP FOR MIRK(8")- 0678-2003 LF 1,823 dollars and cents $0.72 $1,312.56 PAV SURF PREP FOR MR (12')- _ _ 0678-2004 LF 1,682 dollars and cents $2.00 $3,364.00 PAV SURF PREP FOR MRK(2411) - 0678-2006 LF 812 dollars and j cents $3.50 $2,842.00 PAV SURF PREP FOR MRK(ARROW)- 0678-2007 EA 57 Pr ,1, VI dollars and �� cents $44.00 $2,508.00 PAV SURF PREP FOR MRK(DBL ARROW)- 0678-2008 EA 9 C=,v,+- dollars and cents $48.00 $432.00 PAV SURF PREP FOR MRK(RR CROSSING 0678-2014 EA 4 �'"� ,j� #!" T7 "N , dollars and cents $103700 $412.00 PAV SURF PREP FOR MRK(SYMBOL)- 0678-2015 EA 2 dollars and cents $80.00 $160.00 PAV SURF PREP FOR MRK(WORD)- _. 0678-2018 EA 14 . ..-". �;." ,+ E',, ., dollars and cents $58.00 $812.00 PAV SURF PREP FOR MRK(BIKE SYMBOL)- 0678-2045 EA 180 N"11/1 ,. ' dollars and ............... . .. ( ) cents $44.00 $7,920.00 PAV SURF PREP FOR MRK(BIKE RR CROSSING)- 0678-2046 EA 2 -61 dollars and cents $50.00 $100.00 PAV SURF PREP FORM K(BIKE ARROW)- 0678-2047 EA 180 w:5 X, dollars and cents $46.00 $8,280.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Fors 00 42 43 BID PROPOSAL Page 10 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE RID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid quantity Unit Price Bid Value Measure IRRIGATION SYSTEM EPAIR AND OPERATION t 0751-2023 "t 4w MA 1 ,c q dollars and cents t Subtotal u Unit 7-Special Specifications TRANSPLANT PLANT MATERIAL- 1012-2001 EA 3 yv d' �k )m '._.. dollars and cents 503.16 $1,509.48 LANDSCAPE AMENITY(TY 1)(STONE VENEER 1014-2003 SF 1,590 dollars and cents 35.00 $55,650.00 LANDSCAPE AMENITY(TV 2)(STONE COPING) 1014-2004 LF 318 'f _a...fi•& f � �� /'k!o&r dollars and t cents 71.00 $22,578.00 TREE PROTECTION- 1018-2001 EA 66 er F d H. T; 0'��„1..,.dollars and cents 122.00 $8,052.00 ROCK FILTER DAMS(INSTALL)(TY 2)- 1122-2001 i° LF 10 dollars and cents 57.00 $570.00 ROCK FILTER DAMS(REMOVE)- 1122-2009 p LF 10 dollars and cents 21.00 $210.00 TEMP SO MT CONT FENCE(INSTALL)- 1122-2037 LF 8,914 . - dollars and ” "" .� a" � cents 1.70 $15,153.80 TEMP SO MT CONT FitCE INLET PROTECTION(INSTALL)- 1122-2038 11 1 LF 725 dollars and k cents 5.501 $3,987.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 1 I of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure TEMP SD MT CONT FENCE(REMOVE)- 1122-2057 LF 8,914 dollars and „F cents 0.70 $6,239.80 D-GR HMA(SO)T -C SAC-A PG58-28- 3267 2019 TON 6 ='-11 �L, v,j r t'eJ � c i °` �d` dollars and cents 647.00 $3,882.00 PRECAST CONCRETE WHEEL STOPS- 5434-2001 EA 25 14 "x dollars and ..,,� ..I cents 86.001 $2,150.00 Subtotal Base Bid $119,982.58 Unit 8-Alternate tr1 EXCAVATION(SPECIAL)- 0110-2003 CY 11 h Z a J-1 I�— dollars and —, A cents $18.00 $198.00 BACKFILLING PAVEMENT EDGES(TY A)- 0134-2005 CY 5 dollars and cents $34.00 $170.00 FL BS(CMP IN PLC)(TY A GR 1)(7")- 0247-2226 SY 3 Ej" (,h j,tja f J lr-'f J)a a.e, dollars and cents $173.00 $519.00 CONC SIDEWALKS(4")- 0531-2015 SY 33 dollars and A. cents $92.00 $3,036.00 ALUMINUM SIGNS(TY A)- 0636-2001 EA 3 dollars and } ....a cents $23.00 $69.00 BLOCK SODDING- 0162-2002 SY 18 ,j, dollars and cents $5.501 $99.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 42 43 BID PROPOSAL Page 12 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure IN SM RD SN SUP&AM TY10BWG(1)SA(P)- 0644-2001 EA 4 Tdollars and ,, cents $626.00 $2,504.00 REFL PAV MRK TY I(W)24"(SLD)(100MIL)- 0666-2048 LF 8 yAk dollars and 7", cents $9.00 $72.00 REFL PAV MIRK TY I(W)(BIKE RR CROSSING)(100MIL)- 0666-2060 EA 2 dollars and cents $406.00 $812.00 PAVEMENT SEALER FOR MRKS(24")- 0666-2195 LF 8 "y ?, dollars and (A cents $1.50 $12.00 PAVEMENT SEALER FOR MRKS(SYMBOL)- 0666-2227 EA 2 'V H,,�vv_ dollars and cents $43.00 $86.00 PAV SURF PREP FOR MIRK(24")- 0678-2006 LF 8 ,'0 .(E dollars and A (. cents $3.80 $30.40 PAV SURF PREP FOR MRK BIKER CROSSING)- 0678-2046 EA 2 ..o a f r,i, dollars and cents $23.00 $46.00 D-GR HMA(SQ)TY-C SAC-A PG58-28- 3267 2019 V& w TON 1 d, �e ''((.dollars and cents 563.001 $563.00 Subtotal Alternate N1 $8,216.40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 110 42 43 BID PROPOSAL Page 13 of 13 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure BID SUMMARY Unit 1-Earthwork $170,386.00 Unit 2-Subbase and Base $31,800.00 Unit 3-Surface Courses and Pavements $70,693.00 Unit 4-Structures $74,021.00 Unit 5-Incidentals O n Unit 6-Lighting,Signing,Markings and Signals )I . ) Unit 7-Special Specifications $119,982.58 TOTAL BASE BID Unit 8-Alternate#1 $8,216.40 TOTAL BID CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Form 00 43 13 BID BOND Page 17 of 19 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Company Name Here hereinafter called the Principal,and(Surety Name) Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ 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 0 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 Bidders Total Bid Amount. SIGNED this day of 2015. By: Company Name Here (Signature and Title of Principal) *By: Surety Name Here (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00 Bid Form 00 43 37- 1 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Page i of I SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower that the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specification. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be % (percent) lower than resident bidders by State Law.A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 19 BIDDER: The Fain Group, Inc. Larry Frazier Company Comp y Representative: (Please Print Name) 1616 N. Sylvania / w, r" Address gnaure Fort Worth, TX 76111 President City/State/Zip Title: (Please Print) 8/21/15 Date: END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised Judy 1,2011 City Project Number:01734 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7) days prior 12 to the date of the opening of bids.For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 004511-2 BIDDERS PREQUALMICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 I d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0045 12-1 PREQUALIFICATION STATEMENT Page l of 1 t SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s) listed. 7 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Concrete Paving The Fain Group, Inc. 8/01/2015 Construction Pavement Markings Striping Technology N/A Removal and Installation Small Road Signs Removal Total Highway Maintenance N/A and Installation 8 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed. 12 13 BIDDER: 14 15 The Fain Group,Inc. By: Larry Frazier 16 Company (Please Print) 17 18 1616 N Sylvania Signatu�t/ 19 Address 20 .... 21 Fort Worth,TX 76111 Title: President 22 City/State/Zip (Please Print) 23 24 Date: 4/23/15 25 26 END OF SECTION 27 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0045 12- 1 BIDDER QUALIFICATION STATEMENT Page 1 of 4 SECTION 00 45 12 BIDDER QUALIFICATION STATEMENT Firm Name: The Fain Group, Inc. Date Organized: 09/22/2004 ❑ PARTNERSHIP ❑X CORPORATION Address: 1616 N Sylvania City: Fort Worth State: Texas Zip: 76111 Telephone Number: 817-927-4388 Fax Number: 817-927-4389 Number of years in business under present name: 11 Years Former name(s)of organization: N/A CLASSIFICATION: © General ❑Building ❑Electrical ❑Plumbing ❑HVAC ❑ Utilities ❑Earthwork ❑Paving ❑ Other LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE YEARS PROJECT NAME AND LOCATION 9th Street Pedestrian &Streetscape Enhancements NAME/TELEPHONE NUMBER OF OWNER Lewis Greogry- 817-223-2283 NAME/TELEPHONE NUMBER OF SURETY Westfield Insurance Co.- 972-516-2600 AMOUNT OF CONTRACT $2,788,382 COMPLETION DATE 01/11 SCOPE OF WORK DESCRIPTION Landscaping,brick pavers, construction and amenities in downtown Fort Worth PROJECT NAME AND LOCATION Marine Creek Boardwalk NAME/TELEPHONE NUMBER OF OWNER Lexi McCulip - (817) 720-4412 NAME/TELEPHONE NUMBER OF SURETY Westfield Insurance Co.- 972-516-2600 AMOUNT OF CONTRACT $393,000 COMPLETION DATE 11/14 SCOPE OF WORK DESCRIPTION Boardwalk, pedestrian crossing, decking steel railing/frame, CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 004512-2 BIDDER QUALIFICATION STATEMENT Page 2 of 4 bench, concrete abutments and landing PROJECT NAME AND LOCATION West Rosedale Bike/Pedestrian Project NAME/TELEPHONE NUMBER OF OWNER Patrick Buckley- 817-392-2443 NAME/TELEPHONE NUMBER OF SURETY Westfield Insurance Co.- 972-516-2600 AMOUNT OF CONTRACT $3,244,348 COMPLETION DATE 01/14 SCOPE OF WORK DESCRIPTION Bike and Pedestrian Trail PROJECT NAME AND LOCATION Downtown Streetscaping&Andy K Wells Trail Ext. NAME/TELEPHONE NUMBER OF OWNER George Lueck- 254-501-7624 NAME/TELEPHONE NUMBER OF SURETY Westfield Insurance Co.- 972-516-2600 AMOUNT OF CONTRACT $5,187,103 COMPLETION DATE 02/14 SCOPE OF WORK DESCRIPTION Historic downtown streetscape including concrete walks, landscaping,brick pavers,water services, and asphalt paving PROJECT NAME AND LOCATION Cedar Crest Bridge NAME/TELEPHONE NUMBER OF OWNER Liong So - 214-948-4570 NAME/TELEPHONE NUMBER OF SURETY Westfield Insurance Co.- 972-516-2600 AMOUNT OF CONTRACT $4,266,367 COMPLETION DATE 05/15 SCOPE OF WORK DESCRIPTION Bridge and Gateway Improvements CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 004512-3 BIDDER QUALIFICATION STATEMENT Page 3 of 4 2. LIST CONSTRUCTION SUPERINTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: Charles Porter - See Attached Resume CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 Charles Porter Project Superintendent EXPERIENCE The Fain Group September 2005—Present Project Manager Fort Worth,TX AUI Contractors,LP September 1994—September 2005 Project Manager Fort Worth,TX Lydick&Associates 1980- 1994 PROJECTS Job Name Contract Value 2014 Safari Splash Aquatic Play Area $1,358,347 2014 Magnolia Urban Village $1,227,222 2013 Switzer Park $515,056 2013 West Rosedale Streetscape $3,244,000 2012 Urban Village—Near East $400,000 Urban Village—Berry/Riverside $500,000 Fairmont Gables Residential $309,182 Viridian Park Lane $1,132,970 2010 Camp Bowie Sports Complex $3,730,157 Aquatic Center Bath House $4,083,900 Coliseum Annex Renovation $512,086 Camp Bowie Aquatic Center $1,672,137 2009 Lancaster Visitors Center $1,422,710 JPS Viola Pitts $824,026 2008 Denton County Courts Building Restoration $4,257,300 2007—2008 Baird T&P Depot Restoration $1,066,484 2005—2006 TXDOT Main Street Renovation $2,100,000 Security Entrances—City of Ft.Worth $430,000 2004—2005 TXDOT Santa Fe Drive $2,300,000 2002—2004 TXDOT Linear Parks-Trinity Trails $3,000,000 -Keller Greenbelt $600,000 -Johnson Creek $1,500,000 2001—2002 TXDOT University,71,Bailey Renovation $2,300,000 2000—2001 THE Railway Station $1,100,000 1999—2000 DFW Airport Deicing Storage $6,100,000 1998— 1999 Ground Storage Water Tank—City of Ft.Worth $2,000,000 1997 Exchange Avenue Renovation $150,000 1996— 1997 Ryan Southwest Site Development $8,800,000 1995— 1996 Hurst Community Park $3,300,000 1994— 1995 Weatherford Water Treatment $9,000,000 1994 Harris Hospital-Renovation to Vintage Office $500,000 1993 Miller Brewery Storage Paving $800,000 1992 Phil North Residence-Indoor Pool Renovation $150,000 1991 Mrs.Baird Retail Store $250,000 1989— 1990 Robert Bass Residence—Maintenance Bldg. $750,000 0045 12-4 BIDDER QUALIFICATION STATEMENT Page 4 of 4 3.LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME Striping Technology TRADE Paving Markings PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B C. SUBCONTRACTOR NAME Total Highway Maintenance TRADE Signage PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B C. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised August 17,2012 City Project Number:01734 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than$6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring- Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66" and greater, 350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution,Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission, Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual,name of owner and reason. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer, director, or stockholder of your firm is an employee of the City,or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition,list any City employee who is the spouse,child, or parent of an owner, officer, stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general,limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 G'T 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as 'various". The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model,and general common description of each. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7:0902-48-791 Revised December 20,2012 City Project Number:01734 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF w COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force,necessary to verify said statement. LW (flora . , being duly sworn, deposes and says that he/she is the 24t,- ,i� of as� °A A4 the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: A c- Signature: Sworn to�befdOay f this ��.-A � , ,;�C6� �.�. �" . .° " DONNA CHAPPELL I Notary Public State of Texas ' My Comm,Exp.07.12.2019 Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. " ' AL , CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 00 45 26- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 01585, 01577, 01586, 01576 Contractor further certifies that, pursuant to Texas Labor 6 Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 The Fain Group, Inc. By: Larry Frazier 12 Company ( leja�e Print) 14 1616 N. Sylvania Y Signature: � 15 Address 16 17 Fort Worth, TX 76111 Title: President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority, on this day personally appeared 26 Larry Frazier known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of The Fain Group,Inc. for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 23rd day of 32 April 2015. 34 35 1�E., 36 � 1d"v MARY w I tai e I�� �"� Notary Pub in and for the State of Texas[1,f)l d1j, 14� f ei w`r't,f lsr ��s�.�6rw�mxt 1�^;wx r. 37 .... "`�... .. ...D"ec i att l.�.,.,. 1 h� � °+ v fie' i A w.�w"mm"w�r+ srvmmiwgwwwiommompi iiiii�uiw" muwimmoi 38 END OF SECTION 39 MIC)RV`14 TIC CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 00 45 40-1 DISADVANTAGED BUSINESS ENTERPRISES GOAL Page 1 of I 1 SECTION 00 45 40 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 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by 10 Disadvantaged Business Enterprises (DBE) in the procurement of all goods and services. All 11 requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance 12 apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's DBE goal on this project is 7% of the total bid. 16 17 COMPLIANCE TO BID SPECIFICATIONS 18 On City contracts greater than $50,000 where a DBE subcontracting goal is applied, bidders are 19 required to comply with the intent of the City's Business Diversity Ordinance by one of the 20 following: 21 1. Meet or exceed the above stated DBE goal through DBE subcontracting participation,or 22 2. Meet or exceed the above stated DBE goal through DBE Joint Venture participation,or 23 3. Good Faith Effort documentation, or; 24 4. Waiver documentation. 25 26 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 27 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 The applicable documents must be received by the Managing Department, within the following 31 times allocated, in order for the entire bid to be considered responsive to the specifications. The 32 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 33 Departcrierlt and obtain adate/tune receipt. Such receipt shat be evidence that the City received the 34 documentation in the time allocated. A faxed copy will not be accepted:; 35 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 MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will 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. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 ATTACHK8ENT113 City _ 4� ��f FK�U� Worth Disadvantage Business Enterprise Specifications Prime Contractor Waiver The Fain Group, Inc. Pedestrian Prime Company Name Project Name 04/29/I5 Bid Opening Dote Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Qood Faith Effort Form). All questions on this form must be completed and n detailed explanation pnovided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only app||oob|o if both anam/ura are yes. EFailure to complete this form in its entirety and be received by the Managing Department on or before :00 p.m., five (5) Cily business days after bid opening, 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 _zKJo If yes, please provide m 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 __x No If yes, p|emem provide m 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 maquest, complete and accurate information nmQondinQ actual work performed by all subcontractors, including DBE(o) on this contract, the payment therefore and any proposed changes to the or|Q|nm| DBE(o) arrangements submitted with this bid. The bidder also agrees to a||ovv on audit and/or examination of any bmoha, records and files held by their company that will substantiate the actual work performed by the OBE(e) on this contract, by on authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract mr debarment from City work for o period of not |aoa than three (3) years and for initiating action under Fedens|. State or Local |oxve concerning false statements. Any failure to comply with this ordinance creates o rnabmrio| breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for e period of time less than (1) Z", Larry Frazier §'i g n at u re Printed Signature Title Contact Name (if different) The Fain Group,Inc. 817-927-4388 817-927-4389 Company Name Phone Number Fax Number 1616 N Sylvania U±azicr@[uiugp.coou Address Email Address Fort Worth,Texas 76111 84/24/15 ^ City/State/Zip []mtm Rev.5/30/03 0 = a ro r �p ro � -a =� ro0 � 3 � 3 uro, d uym as n rn m m a Wa. O ro � =* Nro 0roro p ME�6 Q ro CO) n (� () p"3 t7rL y (roll y 0 N M0 3 A) y � A) CL "a$ O N -► O a° m � aiv Q � mo? � 'mw �, aye v C D ., E-0 m � 0 o � c°'i 00 :rmC (a40 v 3 3 D � m y 0 ° v �o a o ° mro Q ° (n oo m z Q IM0 m ° O 0 O ro X n 4 ro ° ro v m z mm CL V) a _ o y <� 'O °c a ro ' �� 3 � p z O o O'N M y G1 W A) ro ro O „* O -+ ro ro = 'v C. 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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 Neighborhood Transportation Connections for Pedestrians and Bicycles on Westcreek Drive, 16 Oakland Boulevard and River Park 17 City Project Number 01 734 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 250 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Two Hundred and Forty.Dollars ($240.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. OFFICIA0 RECORD CITY OF FORT WORTH Neighborhood Connections.for Pedestrians and Biw.;Ycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01734 Revised August 17,2012 00 52 43-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of One Million, Four Hundred Thirty-Eight Thousand, Six 39 Hundred Eighty-Seven and 961100 Dollars ($1,438,687.96). 40 Article S. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Neighborhood C"onnections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 001 Project Number 01734 Revised August 17,2012 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city, 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Neighborhood(„"onnecrtions 1br Pecle^strians awl Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01734 Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 128 Contractor: City of Foit.,Worth //"� ..,�~--�' By. $-m�� {T !) By: Assistant Ci Ma 1 ( nature) Date r Attest. ~` (Printed Name) City S �i (Seal) 000000 Title: `k Address: , � 1 Date: . City/State/Zip: l ( W Approved as to Form and Legality: Date Douglas W. Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 135 I 'c°hail d enwhi . vcrJc� 136 „. IRECTOR, 137 OFFICIAL,,, (tIEC 4 R' r ks and Coininunity,Ser°viees L'ledrerrlinent 138 Cl Y ,5" CR(ro,lfUIJRY FEWORTHM r CITY OF FORT WORTH Neighborhood Connections fear Pedestrians rand Bieycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01734 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 Bond#4228816 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group. Inc.,known as"Principal"herein and g Westfield Insurance Company , a corporate surety(sureties,if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created I 1 pursuant to the laws of Texas,known as"City"herein, in the penal sum of, ONE MILLION. 12 FOUR HUNDRED THIRTY-EIGHT THOUSAND SIXHUNDRED EIGHTY-SEVENAND 13 961100 Dollars ($1,438,687.96),lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 15 ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 21st day of July.2015, which Contract is hereby referred to and made apart hereof 19 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as Neighborhood Transportation Connections r 22 Pedestrians and Bicycles on Westcreek Drive, Oakland Boulevard and River Park 23 City ProiectNumber 01734 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 32 Worth Division. OFFICIAL RECOND ffif(MTHy-101" lill..--.,--.,"-"""","--�"._":",I CITY OF FORT WORTH Neighborhood Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projecl Number 01739 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this 2151 day of July,2015. 6 PRINCIPAL: 7 The Fain Group,Inc. 8 9 10 BY: I1 nat r 12 AT 2,T,,,4 (4 13 14 LW �02AIL &5jbjA)j' 15 rcipa S c etary Name and Title 16 17 Address: 1616 N. Sylvania 18 Fort Worth TX 76111 20 M 4a 21 Witness as to Principal 22 SURETY: 23 Westfield Insurance Company 24 _ 25 ry BY _./F 27 Signature 28 29 Mistie Beck, Attorney-in-fact 30 Name and Title 31 32 Address: 2255 Ridge Rd.#333 33 - !� Rockwall TX 75087 34 36 Wi ess as/t'O Su fety Marilch Telephone Number: 972-772-7220 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 OFFICIAL REQ,"MRD ' CITY OF FORT WORTH Neighborhood Connections for Pedeslrianns and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 0173 Revised July 1,2011 0061 14- 1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 Bond#4228816 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, Inc., known as "Principal" herein, and 8 Westfield Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION FOUR HUNDRED THIRTY-EIGHT THOUSAND SIX HUNDRED 13 EIGHTY-SEVENAND 961100 Dollars ($1,438,687.96), lawful money of the United States, to be 14 paid in Fort Worth,Tarrant County,Texas, for the payment of which sum well and truly be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 2121"day of July,2015,which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials,equipment,labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Neighborhood Transportation Connections for Pedestrians and Bicycles on 22 Westcreek Drive. Oakland Boulevard and River Park 23 00!Project Number 01734 24 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statute. OFFICIAL RECORD,) 33 MITY SECR W RY FT W(DRTH, 17 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project ASnnber 01734 Revised July 1,2011 006114-2 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 2151 day of July,2015. 3 PRINCIPAL: The Fain Group,Inc. ATTEST: BY: .._ i to e w. w. I " r , (Pr' p"'a)) ec try Name and itle Address: 1616 N. Sylvania C Fort Worth TX 76111 J Witness as to Principal SURETY: Westfield Insurance Company Ff gym. ATTEST: BY Signature Mistie Beek, Attorney-in-fact (Suit ) Secretary D bbie klefly Name and Title Address: 2255 Ridge Rd. #333 f Rockwall,TX 75087 Wftne�s as a o" �ret� Marilyn Branch Telephone Number: 972-772-7220 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION CITY , ECRE"12ARY OFT. WORTHP TX CITY OF FORT WORTH Transportalion Conneclions for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01734 Revised July I,201I 0061 19-1 MAINTENANCE BOND Page I of 5 1 SECTION 00 6119 2 WARRANTY BOND Bond#4228816 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we The Fain Group, Inc., known as"Principal"herein and 9 Westfield Insurance Company ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of ONE MILLION. 13 FO UR HUNDRED THIRTY-EIGHT THO USAND SIX HUNDRED EIGHTY-SEVEN AND 14 961100 Dollars($1,438,687.96), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors, administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 (remainder of this page intentionally left blank) 19 20 21 22 23 24 25 26 27 28 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0061 19-2 MAINTENANCE BOND Page 2 of 5 1 WHEREAS,the Principal has entered into a certain written contract with the City awarded 2 the 21 st day of July,2015,which Contract is hereby referred to and a made part hereof for all 3 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories 4 as defined by law, in the prosecution of work consisting of the following TxDot spec items: 110 5 2003 EXCAVATION(SPECIAL), 132 2006 EMBANKMENT(FINAL)(DENS CONT)(TY C), 6 134 2005 BACKFILLING PAVEMENT EDGES (TY A), 162 2002 BLOCK SODDING, 169 7 2001 SOL RETENTION BLANKET CLI (TY A), 170 2001 VEGETATIVE WATERING, 247 8 2061 FLBS (CMP IN PLC)(TY A GR 1)(6"), 360 2001 CONC PVMT(CONT REINF)- 9 CRCP)(8"), 360 2001 CURB (TY I1),420 CL C CONC(MISC)(FOOTING),423 2012 10 RETAINING WALL(CAST-IN-PLACE),432 RIP RAP (COMMON STONE).432 2025 11 BEDDING MATERIAL(COMMON STONE),479 2005 ADJ MANHOLE(WATER VALVE 12 BOX),479 2011 ADJ MANHOLE(ELECTRIC BOX), 531 2005 CURB RAMPS (TY 1), 531 13 2006 CURB RAMPS (TY 2), 5312010 CURB RAMPS (TY 7), 5312011 CURB RAMPS (TY 14 8), 5312012 CURB RAMPS (TY 9), 5312015 CONC SIDEWALK(4"), 5312041 CURB 15 RAMPS (TY 10), 636 2001 ALUMINUM SIGNS (TY A), 644 2001 INS SM RD SN SUP&AM 16 TY IOBWG(1)SA(P), 644 2013 IN SM RD SN SUP &AM IOBWG(2)SA(P), 644 2056 17 RELOCATE SM RD SN&AM TY IOBWG, 644 2060 REMOVE SM RD SN SUP&AM, 666 18 2003 REFL PAVE MRK TY 14"WHITE(BROKEN), 666 2012 REFL PAV MRK TY 14" 19 WHITE(SLD), 666 2015 REFL PAV MRK TY 16" WHITE(BRK), 666 2024 REFL PAV MRK 20 TY I(W) 6" (SLD)(IOOMIL), 666 2036 REFL PAV MRK TY I(W)8"(SLD)(IOOMIL), 666 21 2042 REFL PAV MRK TY I(W) 12"(SLD)(100MIL), 666 2048 REFL PAV MRK TY I(W) 22 24"(SLD)(100MIL), 666 2054 REFL PAV MRK TY I(W) (ARROW)(I OOMIL), 666 2057 23 REFL PAV MRK TY I(W)(BIKE ARROW)(I OOMIL), 666 2060 REFL PAV MRK TY I(W) 24 (BIKE RR CROSSING)(I OOMIL), 666 2063 REFL PAV MRK TY I(W)(BIKE SYMBOL) 25 (1 OOMIL), 666 2069 REFL PAV MRK TY l(W)(DBL ARR0W)(100MIL), 666 2084 REFL 26 PAV MRK TY I(W)(RR CROSSING)(1 OOMIL), 666 2087 REFL PAV MRK TY I(W) 27 (SYMBOL) (I OOMIL), 666 2111 REFL PAV MRK TY 14"YELLOW(SOLID), 666 2123 28 REFL PAV MRK TY 18" (Y)(SLD), 666 2189 PAVEMENT SEALER FOR MRKS (4"), 666 29 2190 PAVEMENT SEALER FOR MRKS (6"), 666 2191 PAVEMENT SEALER FOR MRKS 30 (8"), 666 2193 PAVEMENT SEALER FOR MRKS (12"), 666 2195 PAVEMENT SEALER 31 FOR MRKS (24"), 666 2219 PAVEMENT SEALER FOR MRKS (ARROW), 666 2224 32 PAVEMENT SEALER FOR MRKS (DBL ARROW), 666 2227 PAVEMENT SEALER FOR 33 MRKS (SYMBOL), 666 2228 PAVEMENT SEALER FOR MRKS (RR XING), 666 2251 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0061 19-3 MAINTENANCE BOND Page 3 of 5 1 PAVEMENT SEALER FOR MRKS(BIKE ARROW), 666 2252 PAVEMENT SEALER FOR 2 MRKS(BIKE SYMBOL), 672 2017 REFL PAV MRKR TY II-C-R,672 2020 REFL PAV 3 MRKR TY I-C(18" O.C.), 672 2024 TRAFFIC BUTTON TY W, 672 2025 TRAFFIC 4 BUTTON TY II-A-A, 678 2001 PAV SURF PREP FOR MRK(4"), 678 2002 PAV SURF PREP 5 FOR MRIC(6"), 678 2003 PAV SURF PREP FOR MRK(8"), 678 2004 PAV SURF PREP 6 FOR MRK(12"), 678 2006 PAV SURF PREP FOR MRK(24"), 678 2007 PAV SURF PREP 7 FOR MRK(ARROW), 678 2008 PAV SURF PREP FOR MRK(DBL ARROW), 678 2014 8 PAV SURF PREP FOR MRK(RR CROSSING), 678 2015 PAV SURF PREP FOR MRK 9 (SYMBOL), 678 2045 PAV SURF PREP FOR MRK(BIKE SYMBOL), 678 2046 PAV SURF 10 PREP FOR MRK(BIKE RR CROSSING), 678 2047 PAV SURF PREP FOR MRK(BIKE 11 ARROW), 1012 2001 TRANSPLANT PLANT MATERIAL, 1014 2003 LANDSCAPE 12 AMENITY(TY 1)(STONE VENEER), 2014 2004 LANDSCAPE AMENITY(TY 2)(STONE 13 COPING),3267 2019 D-GR HMA(SQ)TY-C SAC-A PG58-28, 5434 2001 PRECAST 14 CONCRETE WHEEL STOPS,including any work resulting from a duly authorized Change 15 Order(collectively herein,the"Work")as provided for in said contract and designated as 16 Transportation Connections for Pedestrians and Bicycles (01734); and 17 18 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 19 accordance with the plans,specifications and Contract Documents that the Work is and will 20 remain free from defects in materials or workmanship for and during the period of two (2)years 21 after the date of Final Acceptance of the Work by the City("Warranty Period"); and 22 23 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 24 upon receiving notice from the City of the need therefor at any time within the Warranty Period. 25 26 NOW THEREFORE,the condition of this obligation is such that if Principal shall 27 remedy any defective Work,for which timely notice was provided by City,to a completion 28 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 29 full force and effect. 30 CITY OF PORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0061 19-4 MAINTENANCE BOND Page 4 of 5 1 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 2 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 3 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 4 the Surety under this Warranty bond; and 5 6 PROVIDED FURTHER,that if any legal action be Bled on this Bond,venue shall lie in 7 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 8 Worth Division; and 9 10 PROVIDED FURTHER,that this obligation shall be continuous in nature and 11 successive recoveries may be had hereon for successive breaches. 12 13 (remainder of this page intentionally left blank) 14 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0061 19-5 MAINTENANCE BOND Page 5 of 5 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 21st day of July 3 , 20 15 4 5 PRINCIPAL: 6 The Fain Group,Inc. 7 ,•. -- 9 BY: 10 �/1 Sign re — — II ATTEST. / 13 15 (Pri n '�ecreta` Name and Titl 16 Address: 1616 N. Sylvania 17 Fort Worth TX 76111 18 t 19 20 Wi i ess as to Principal 21 SURETY: 22 Westfield Insurance ompany 23 24 25 BY: 26 Signatures 27 28 Mistie Beck, Attorney-in-fact _ 29 ATF�T: Name and Title 30 31 ( .� """ Address: 2255 Ridge Rd.#333 32 (Surety)Secret � ary Debbie Kelly Rockwall,TX 75087 33 1 ,, �! � � ore Marilyn Br nch 35 Witness as Telephone Number: 972-772-7220 36 ''/ 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY SECRETARY FT. WORTH9 TX CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 THiS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 05127114,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER N0, 4220012 01 Power Westfield Insurance CO. of Attorney Westfield National Insurance Co. CERTIFIED COPY hr® Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a, "Comppany" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office In Westf(etd Center, Medina County, Ohio,do by these presents make,constitute and appoint TONY FIERRO,JOHNNY MOSS,JAY JORDAN,MiSTIE BECK,JEREMY BARNET T,JADE PORTER,ROBERT G.KANUTH, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - • - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with.-the corporate seat of the applicable Company and duly attested by Its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the follow)ng resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity,&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact: may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary," "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached," (Each adopted at a meeting held on Februaryy 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of MAY A.D.,2014 . ,�1„11{INlrf/, ,1„III1/..... Illll/f 1, corporate `"'r�L VR�77''I", `'il'K\ONAC/`,'r, 11�5URr,,,'+ WESTFIELD INSURANCE COMPANY Sexed v•''' !'' {� '' "�'���+ WESTFIELD NATIONAL INSURANCE COMPANY �+ �r OHIO FARMERS INSURANCE COMPANY SEAL •''.ti 'ul ,rf}� ' ' :.O k'�M/IT„MM1t1NY r+�, •*., �I r`���Irri rr1111t11`R"'4 By, State of Ohio "«III,,. Dennis P, Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of MAY A,D„2014 ,before me personally came Dennis P. Baus to me known, who, being by me duly sworn,did depose and say, that he resides in Wooster, Ohio;that he is National Suretyy Leader and Senior'Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS]NSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order, Notarial Seal Affixed David A. Kotnik,Attorney at Law, Notary Public State of Ohio iii 0 My Commission Does Not Expire(Sec,147.03 Ohio Revised Code) County of Medina ss.: >-vr ot�, 1,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY;do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect,and furthermore,the rBS01LItIOPS of the Boards of Directors,set out in the Power of Attorney rp In full force and effect, Q l' Witness u 11W,5h 1,er 1'n e l o f I�,have hea r e`u`nto s'1et,,my hand and affixed the seals of said Companies anies at Westfield Center, Ohio, this ay of oNALn, SEAL/ '•, �, ,, 1548.� Frank A. Carrino,Secretary gJlnl80� IIIPII IIlP pI{I, f4111fP1,, BPOAC2 (combined) (06-02) CITY Flft WON IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Usted puede Ilamar al numero de telefono gratis de Westfield National Insurance Company, and/or Westfield Insurance Company, Westfield National Ohio Farmers Insurance Company's toll-free Insurance Company, and/or Ohio Farmers telephone number for information or to make a Insurance Company's para informacion o para complaint at: someter una queja al: 1-800-243-0210 1-800-243-0210 4. You may also write to Westfield Insurance Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company, and/or Ohio Farmers Insurance Company at: Company: Attn: Bond Claims Attn: Bond Claims One Park Circle One Park Circle P O Box 5001 P O Box 5001 Westfield Center, OH 44251-5001 Westfield Center, OH 44251-5001 Fax#330-887-0840 Fax#330-887-0840 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Sequros de Texas para obtener informacion acerca coverages, rights or complaints at: de companies, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi,state.tx.us Web: http://www.tdi.state.tx.us E-mail: Cons umerProtectionetdi.state.tx.us E-mail: ConsumerProtection @tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim, you should contact the agent, reclamo, debe comunicarse con el agente, Westfield Westfield Insurance Company, Westfield National Insurance Company, Westfield National Insurance Insurance Company, or Ohio Farmers Insurance Company, o Ohio Farmers Insurance Company Company first. If the dispute is not resolved, you primero. Si no se resuelve la disputa, puede may contact the Texas Department of Insurance. entonces comunicarse con el departamento (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se convierte become a part or condition of the attached document. en parte o condicion del documento adjunto. BD5430 (07-07) AC40® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) `. r././201. 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 CONTACT Donna Walker NAME: K&S Insurance Agency PHONE (972)771-4071 FA/C No AX (972)771-9695 2255 Ridge Road, Ste. 333 E-MAILss:dwalker @kandsins.com DDRE P. 0. BOX 277 INSURER(S)AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:Cincinnati Insurance Companies 10677 INSURED INSURER B:Texas Mutual Insurance Co. 22945 The Fain Group, Inc. INSURERC: P.O. BOX 750 INSURERD: INSURER E: Ft Worth TX 76101 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 std 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. INSR TYPE OF INSURANCE ADD BR POLICY NUMBER MM1DDY EFF POLICY D IYYYY LIMITS GENERAL LIABILITY EPP0060286 /1/2015 /1/2016 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY GA233 02/07 - AI & WOS DAMA E To RENTED PREMISES Ea occurrence $ 500,000 A CLAIMS-MADE Fx�OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY EBA0060286 /1/2015 /1/2016 Ee COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO 4172 09/09 - WOS BODILY INJURY(Per person) $ p' ALL OWNED SCHEDULED 4171 11/05 - AI BODILY INJURY(Per accident) S AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE S AUTOS Per accident PIP-Basic S 2,500 X UMBRELLA LIAB X OCCUR PPOO60286 /1/2015 /1/2016 EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTIONS 1 1 $ $ WORKERS COMPENSATION TSF0001220220 /1/2015 /1/2016 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN C420304B 6/14 - WOS E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) I E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Project: Pedestrians and Bicycles Transportation Connections #01734 See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Johnny Moss/WALKER ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninam m Tha ArflRrl nnma and Innn ara ranicte rart marirc of ARr1Rr) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. f CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage... ......................................................................................... 2 2. Unintentional Failure to Disclose Hazards..........................................................................................7 3. Damage to Premises Rented to You...................................................................................................8 4. Supplementary Payments...................................................................................................................9 5. Medical Payments................................................................................................................................9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage(Coverage b.).........................................................................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation .......................................................................................................................10 9. Automatic Additional Insured-Specified Relationships: ................................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds-Specified Health Care Services: ............................................................14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 S. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a) Area (For Limits in Excess of (For Limits in Excess of b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- t. Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I 'judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act,er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, or- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed In the which this insurance ap- "administration" of your plies. We will have the right "employee benefit pro- and duty to defend the in- gram";and sured against any "suit" 1) Occurs during the poi- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the suit seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE;and claim or "suit° when any 2) Our right and duty to "authorized repre- defend ends when we sentative`; Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or omission to us 3) Advice given to any or any other person with respect to ::.. :. .insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply to: or any similar law. (a) Bodily Injury, Property (9) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of "Bodily injury", "pros liability imposed on a fiduci- p"property ary by the Employee Re- damage" or "personal and tirement income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reek- able effort and cooperation less violation of any statute, of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible Insurance. Damages arising out of fail- (I) Taxes,Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j} Employment-Related meet any obligations under practices any plan included in the "employee benefit pro- Any liability arising out of gram"... any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 3 of 15 meet-related practices, (e) A trust, you are an Insured. acts or omissions;or Your trustees are also in- (4) Consequential liability sureds, but only with re- as aresult of(1), (2) or spect to their duties as trustees. (3)above. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your SECTION i - COVERAGES, "employee benefit program" SUPPLEMENTARY PAY if you die,but only until your MENTS - COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION Ii - WHO IS That representative will AN INSURED is deleted In its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1). If you are designated in the Declarations as: (3) Any organization you newly ac- quire or.form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- t a (b} partnership joint ve age under this provision: furs, you are an insured.d. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business, ganization. Your managers are in- sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION IIi - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, you are an insured. Your (1) The Limits of insurance shown Yexecutive officers" and di- in Section B. Limits of insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their ability Coverage and the rules p below fix the most we will pay duties as your officers or dl- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em- making claims or bringing ployee", including such suits ; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved, insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, i. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may.pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon of (a) An act,error or omission;or taken otification shall a action you promptly. (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, negligently committed in the As respects Employee Benefit Li- "administration" of your "em- COMMERCIAL GENERAL¢LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: i in any plan included n the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a Our obligation to a dam- a. You must see to it that we are not!- (a) g pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the -a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive -surer contributes equal written notice of the claim or"suit" as amounts until It has soon as practicable. paid its applicable limit 'of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or, legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. (2) Authorize us to obtain records Under this method,each insurer's share is and other information; based on the ratio of-its (3) Cooperate with us in the invest!- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; pllcable limits of Insur- and - ance of all insurers. (A) Assist us, upon our request, in c. No Coverage the enforcement of any right *This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part, payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- (2) Item 5. tither Insurance is de- ability Coverage, SECTION V - DEFINITiONS is amended as fol- leted in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs'; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then,we "employee benefit pro- will share with all that grams";or other insurance by the d. Effecting, method described in b. terminating continuing"em- ployee's"below. g participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program", benefits;and However, "administration" d. Vacation plans, includ- dvesnot include: . ing buy and sell pro- a. Handling payroll de- grams;, leave of ab- sence programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance -plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means damages r because of one plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tam benefits with pre-tax dollars. a. An arbitration pro- 3. "Employee benefit pro- ceeding in which such damages are claimed grams" means a program providing some or all of the and to which the in-. following benefits to "em- sured must submit or does submit with our ployees", whether provided consent; through a cafeteria plan or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee' may subscribe to such benefits and .8. "Employee" means a per such benefits are made son actively employed, for- generally available to merly employed, on leave those"employees, of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- cludes a "leased worker". bility requirements; "Employee" does not in- b. Profit sharing plans, elude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an em- tion of the following: ployee" may subscribe to such benefits and . Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fart to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- a. SECTION I - COVERAGES, pansion;or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. Ll- tion, or discharge ABILITY:Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c.through q.do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises while rented to you or temporarily animals. occupied by you with permission of (b) Loss caused directly or indf- the owner. rectly by any of the follow- b. The insurance provided under SEC- Ing: TION I- COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to-"property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3). Water under the The exclusions under SECTION ground surface press- �ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a} Foundations, ITY, 2. Exclusions,other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors,windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plu plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a} Wear and tear; . ing,unless: b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid- building or structure;or den or latent de- 2) You drained the feat or any quality equipment and shut off In property that the water supply if the causes It to dam- heat was not main- age or destroy it- talned.' self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or eluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 caused by,or resulting 5. Medical Payments from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person -as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- - The Damage to Promises Rented to merits of this You Limit as shown in the Declara- 6. Voluntary ary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to property of others arising out of op- 6. Subject to 5. above, the orations incidental to the insured's Damage- to Promises business when: Rented to You Limit is the most we will pay under (1) Damage Is caused by the in- COVERAGE A. BODILY sured;or : INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make promises while rented to these payments regardless of fault, you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage -any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY .INJURY AND plies. PROPERTY DAMAGE LIABILITY,2. (3) The amount we will pay is lim- Exclusions,j. Damage to Property, - lted as described in Section B. Subparagraphs (3), 14) and (6) do 1, Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of lowing: Insurance, 6. Voluntary Property Up-to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance,4.a. Ball Bonds Control Liability Coverage of this of this endorsement for cost of ball endorsement with respect to cover age provided by* bonds required because of accidents this endorsement. or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of -insurance plies. We do not have to furnl�h shown in Section B. Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- age and Caro, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the Investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time Ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9, Automatic Additional insured - Speci- (1) Our obligation to pay. damages fied,Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION 11-WHO IS AN INSURED: "occurrence" which are in ex- cess-of�the;deductible amount (�) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below(hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount, agreement;or (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim (b) An oral agreement or con- or Suit, applies to each claim or tract where a certificate of "suit"Irrespective of the amount. insurance showing that per- son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided: and, upon notification of the ac- tion taken,'you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or 7. 180 Da Coverage for Newly Formed or becomes effective Y J Y � during the policy pe- Acquired Organizations riod;and SECTION. II - WHO IS AN INSURED is .2) - Executed prior to an amended as follows: "occurrence"or offense Subparagraph a, of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- would apply;and lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after sured under any other pro- you acquire or form the organization vision of, or endorsement or the end of the policy period, added to, this Coverage whichever is earlier; Part. 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work"done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the " roducts-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request, the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises, chemical change In the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- (b) pose of inspection,Any person or organization demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in referred to below as ven- the usual course (. of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1 The insurance afforded in connection with the sale of the the vendor does not product; apply to: g) Products which, a) ;Bodily injury" or after distribution or property damage sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products;or jury", "property Jam- b) When liability in- age" or "personal and cluded within the advertising injury aris- ing out of operations products- performed for the state completed opera- or political subdivision. bons hazard has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your (d) Any state or political subdi- work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or suran) above to provide In- organization's status as an surance, subject to the n: insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- : this insurance applies: ment, or if no period of time Is required by the written- 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an Insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street 'under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion or removal of ele- ucts-completed operations vators ;or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e)and(f)does not apply to elevators covered by "bodily injury", "property this insurance, damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising Injury" for which the state or arising out of: political subdivision has 1 Defects in design issued a permit. ) fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- 2} The rendering of, or tional insured, and such E other insurance policy shall failure to render, any be excess and/or noncon- professional architec- tributing, whichever applies, turai, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5.Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3 "Your work" for which a additional insured by } attachment of an en- consolidated (wrap-up) 'dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in-which you are in- ment shall also be ex- volved. Coss. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part,whichever are less. If no limits are specified in the written contract If a written contract or or agreement,or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG .20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the add!- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 tional insured is more re- 11, of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (bj Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to suits . the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage Part to which this endorse- (a) Our obligation to pay dam- ment is attached. If, how- ages on your behalf applies ever, the written contract or only to the amount of dam- agreement specifies the In- ages for each "occurrence" surance Services Office which are in excess of the additional insured form Deductible amount stated in number CG 20 10 but does Section B. Limits of Insur- not specify which edition, or ance, 11. of this endorse- specifies an edition that ment. The limits of insur- does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)(b) of the application of such De- this endorsement'shall not ductible amount. apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability -Work plies to each claim or "suit" Within 50`of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f.(1)of (c) We may pay any part or all Definition 12. "Insured contract" (SSEC- of the deductible amount to TION V-DEFINITIONS)is deleted. effect settlement of any claim or "suit" and, upon 11. Property Damage to Borrowed Equip- notification: 'of the action ment taken,•you shall promptly reimburse us for such part a. The following Is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I -COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION Il - WHO IS AN sion do not apply to tools or equip- INSURED, does not app to your "em- ment loaned to you, provided they ployees"who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- Emergency b, Medical Technicians;or dorsement, the following additional g y provisions apply: c. Paramedics, (1) The Limits of insurance shown In the jurisdiction where an "occurrence" In the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this h a. of Condition 2. Duties in Paragraph endorsement. These limits are g p Inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV- COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- nesses;and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the'occurrence"or offense. possible,notice should include: This requirement applies only when (1) How, when and where the 'oc- the "occurrence"or offense is known currence"or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 16 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: EBA 006 02 86 Named Insured: THE FAIN GROUP INC, FAIN SERVICES LP Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION 11 - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 4171 1105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: EBA 006 02 86 Named Insured: THE FAIN GROUP INC, FAIN SERVICES LP Countersigned by: {Authorized Representative} With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation TIONS, A. Loss Conditions, 5. Transfer of of a covered "auto" when you have assumed liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury"or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 09 WORKERS' COMPENSATION AND EMPLOYERS Tpexasmutuar LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be 2 .00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001220220 20150201 of the Texas Mutual Insurance Company Issued to THE FAIN GROUP INC Edorsement No. Premium$ /k/tvs NC CI Carrier Code 29939 Authorized Representative WC420304B(ED.6-01-2014) INSURED'S COPY QUSER 1-28-2015 GENERAL CONDITIONS STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l 1 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Docember2l,2012 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dxember2l,2012 007200-1 General Conditions Page I of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.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:December2l,2012 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case 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:December2l,2012 007200-1 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. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 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:December2l,2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 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 fi-om time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 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:Dooember2l,2012 007200-1 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: I. 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—PRELB/HNARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dewmber2l,2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to 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:December2l,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 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 thereofl 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 007200-1 General Conditions Page I 1 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 ofLands 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:December2l,2012 007200-1 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.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:December2l,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoembar2l,2012 007200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fidlest extent permitted by Lmvs and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06G shall obligate Contractor to 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:Deoember2l,2012 007200-1 General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 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:December2l,2012 007200-1 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:December2l,2012 007200-1 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 parry 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 007200-1 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:December2l,2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, 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:December2l,2012 007200-1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. 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 of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. 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 007200-1 General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. 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:December2l,2012 007200-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 007200-1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 0072 00-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. 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:December2l,2012 007200-1 General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711;or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 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 621, 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:December21,2012 007200-1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies andlor Rectif cation 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 007200-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 007200-1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 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 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 34 of 63 SPECIFICALLY IN'T'ENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT I 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:December2l,2012 007200-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title V1, 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:Deoember21,2012 007200-1 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:Deoember2l,2012 007200-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project 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:Docember2l,2012 007200-1 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:December-21,2012 007200-1 General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification.to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dxember2l,2012 007200-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 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 007200-1 General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. £ 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:December2l,2012 007200-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0I.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 I.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if. 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures"varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, 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.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.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 11.0l.A.5, the Contractor's fee shall be five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no 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:Decembcr2l,2012 007200-1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.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 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "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 007200-1 General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 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:Dxember2l,2012 007200-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or 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:D&-ember2l,2012 007200-1 General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be 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:December2l,2012 007200-1 General Conditions Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the 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:December2l,2012 007200-1 General Conditions Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments 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:December2l,2012 007200-1 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:Deoember2l,2012 007200-1 General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.13); 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:December2l,2012 007200-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall 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:Deoember2l,2012 007200-1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if- 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:December2l,2012 007200-1 General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 36 June 30,2014: 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2,"Availability of Lands" 47 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 Utilities or obstructions to be removed,adjusted,and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 4 as of June 30,2014. 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 6 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A.,"Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 Geotechnical Investigations Projects 19201-WC,19201-WCR, 19201-RP,dated March 19,2014 and April 14 11,2014,prepared by LML Engineering Inc.,a sub-consultant of Halff Associates Inc.,a consultant of the 15 City,providing additional information on the Westcreek Trailhead Parking Lot and Retaining Walls 16 Geotechnical Studies and River Park Trailhead Parking Lot Geotechnical Studies. 17 18 The following are drawings of physical conditions in or relating to existing surface and subsurface 19 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 20 None 21 22 SC-4.06A.,"Hazardous Environmental Conditions at Site" 23 24 The following are reports and drawings of existing hazardous environmental conditions known to the City: 25 None. 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) Consultant: None 34 (3) Other: None 35 36 SC-5.04A.,"Contractor's Insurance" 37 38 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 39 coverages for not less than the following amounts or greater where required by laws and regulations: 40 41 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 42 43 Statutory limits 44 Employer's liability 45 $100,000 each accident/occurrence 46 $100,000 Disease-each employee 47 $500,000 Disease-policy limit 48 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 SC-5.04B.,"Contractor's Insurance" 2 3 5.04B. Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 4 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 5 minimum limits of: 6 7 $1,000,000 each occurrence 8 $2,000,000 aggregate limit 9 10 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 11 General Aggregate Limits apply separately to each job site. 12 13 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 14 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 15 16 SC 5.04C.,"Contractor's Insurance" 17 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 18 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 19 20 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 21 defined as autos owned,hired and non-owned. 22 23 $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at 24 least: 25 26 $250,000 Bodily Injury per person/ 27 $500,000 Bodily Injury per accident/ 28 $100,000 Property Damage 29 30 SC-5.04D.,"Contractor's Insurance" 31 32 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 33 material deliveries to cross railroad properties and tracks:Union Pacific Railroad. 34 35 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 36 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 37 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 38 Entry Agreement"with the particular railroad company or companies involved,and to this end the 39 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 40 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 41 to the Contractor's use of private and/or construction access roads crossing said railroad company's 42 properties. 43 44 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 45 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 46 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 47 occupy,or touch railroad property: 48 49 (1) General Aggregate: As defined in the Union Pacific Right of 50 Entry Agreement 51 52 (2) Each Occurrence: As defined in the Union Pacific Right of 53 Entry Agreement 54 55 X Required for this Contract _Not required for this Contract CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 2 With respect to the above outlined insurance requirements,the following shall govern: 3 4 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 5 the name of the railroad company. However, if more than one grade separation or at-grade 6 crossing is affected by the Project at entirely separate locations on the line or lines of the same 7 railroad company,separate coverage may be required,each in the amount stated above. 8 9 2. Where more than one railroad company is operating on the same right-of-way or where several 10 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 11 may be required to provide separate insurance policies in the name of each railroad company. 12 13 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 14 railroad company's right-of-way at a location entirely separate from the grade separation or at- 15 grade crossing,insurance coverage for this work must be included in the policy covering the grade 16 separation. 17 18 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 19 way,all such other work may be covered in a single policy for that railroad,even though the work 20 may be at two or more separate locations. 21 22 No work or activities on a railroad company's property to be performed by the Contractor shall be 23 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 24 for each railroad company named,as required above. All such insurance must be approved by the City and 25 each affected Railroad Company prior to the Contractor's beginning work. 26 27 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 28 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 29 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 30 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 31 railroad company operating over tracks involved in the Project. 32 33 SC-6.04.,"Project Schedule" 34 35 Project schedule shall be tier 3 for the project. 36 37 SC-6.07.,"Wage Rates" 38 39 The following is the prevailing wage rate table(s)applicable to this project and is provided in Section 02 40 TxDOT Requirements: 41 42 Davis Bacon General Decision Number: TX140035,01/03/2014,Texas,Construction Type:Highway 43 44 SC-6.09A.,"Contractor obtained permits and licenses" 45 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 46 47 1. Permit for construction in Union Pacific Railroad Right of Way 48 2. Permit for construction in TXU Right of Way 49 3. City of Fort Worth Street Use Permit 50 51 SC-6.09B."City obtained permits and licenses" 52 The following are known permits and/or licenses required by the Contract to be acquired by the City:None. 53 54 SC-6.09C."Outstanding permits and licenses" 55 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of June 30, 2 2014: 3 4 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 5 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 6 7 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 8 (hereinafter referred to as the"Contractor")agrees as follows: 9 10 1. Compliance with Regulations:The Contractor shall comply with the Regulation relative to 11 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, 12 "DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended fi•om time to time, 13 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 14 of this contract. 15 16 2. Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall 17 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 18 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not 19 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 20 Regulations,including employment practices when the contract covers a program set forth in 21 Appendix B of the Regulations. 22 23 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all 24 solicitations either by competitive bidding or negotiation made by the contractor for work to be 25 performed under a subcontract,including procurements of materials or leases of equipment,each 26 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 27 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 28 national origin. 29 30 4. Information and Reports:The Contractor shall provide all information and reports required by the 31 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 32 accounts,other sources of information and its facilities as may be determined by City or the Texas 33 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders 34 and instructions.Where any information required of a contractor is in the exclusive possession of 35 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 36 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 37 obtain the information. 38 39 5. Sanctions for Noncompliance:In the event of the Contractor's noncompliance with the 40 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 41 Texas Department of Transportation may determine to be appropriate,including,but not limited to: 42 43 a. withholding of payments to the Contractor under the Contract until the Contractor 44 complies,and/or 45 b. cancellation,termination or suspension of the Contract,in whole or in part. 46 47 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through 48 (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt 49 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 50 respect to any subcontract or procurement as City or the Texas Department of Transportation may CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 1 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 2 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a 3 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 4 such litigation to protect the interests of City,and,in addition,the contractor may request the United 5 States to enter into such litigation to protect the interests of the United States. 6 7 Additional Title VI requirements can be found in the Appendix. 8 9 SC-7.02.,"Coordination" 10 11 The individuals or entities listed below have contracts with the City for the performance of other work at 12 the Site: 13 Vendor Scope of Work Coordination Authority None 14 15 16 SC-8.01,"Communications to Contractor" 17 18 None. 19 20 SC-9.01.,"City's Project Representative" 21 22 The following firm is a consultant to the City responsible for construction management of this Project: 23 None. 24 25 SC-13.03C.,"Tests and Inspections" 26 27 None. 28 29 SC-16.01C.1,"Methods and Procedures" 30 31 None. 32 33 34 35 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised April 1,2013 City Project Number:01734 DIVISION Ol -GENERAL REQUIREMENTS 011100-1 SUMMARY OF WORK Page I of 3 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations fi•om this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0-Bidding Requirements,Contract Forms,and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor,materials,and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list,then the item shall 27 be considered as a subsidiary item of Work,the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of-way as provided for in the ordinances of the City,as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools,materials, and equipment for construction 37 purposes may be stored in such space,but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7:0902-48-791 Revised December 20,2012 City Project Number:01734 01 1100-2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to,all trees,shrubbery,plants, 18 lawns, fences, culverts,curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines,to all conduits,overhead pole lines,or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other,either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or 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. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 11 00-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 0005 15-1 ALTERNATES Page 1 of 2 SECTION 012300-ALTERNATES PART 1 -GENERAL 1.1 SUMMARY A. Section includes administrative and procedural requirements for alternates. 1.2 DEFINITIONS A. Alternate: An amount proposed by bidders and stated on the Bid Form for certain work defined in the bidding requirements that may be added to or deducted from the base bid amount if Owner decides to accept a corresponding change either in the amount of construction to be completed or in the products, materials, equipment, systems, or installation methods described in the Contract Documents. 1. Alternates described in this Section are part of the Work only if enumerated in the Agreement. 2. The cost or credit for each alternate is the net addition to or deduction from the Contract Sum to incorporate alternate into the Work. No other adjustments are made to the Contract Sum. 1.3 PROCEDURES A. Coordination: Revise or adjust affected adjacent work as necessary to completely integrate work of the alternate into Project. 1. Include as part of each alternate, miscellaneous devices, accessory objects, and similar items incidental to or required for a complete installation whether or not indicated as part of alternate. B. Notification: Immediately following award of the Contract, notify each party involved, in writing, of the status of each alternate. Indicate if alternates have been accepted, rejected, or deferred for later consideration. Include a complete description of negotiated revisions to alternates. C. Execute accepted alternates under the same conditions as other work of the Contract. D. Schedule: A schedule of alternates is included at the end of this Section. Specification Sections referenced in schedule contain requirements for materials necessary to achieve the work described under each alternate. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles CSJ:0902-48-791 City Project Number:01734 000515-2 ALTERNATES Page 2 of 2 PART 2-PRODUCTS (Not Used) PART 3 -EXECUTION 3.1 SCHEDULE OF ALTERNATES A. Alternate No. 1. 1. Alternate: Includes the construction and installation of the proposed sidewalk, pavement striping and signage associated with the proposed railroad crossing. END OF SECTION 012300 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles CSJ:0902-48-791 City Project Number:01734 012500-1 SUBSTITUTION PROCEDURES Page I of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not"or-equals". 14 B. Deviations fi•om this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include,but are not necessarily limited to: 17 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution-General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names,or catalog numbers,provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike,discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form(attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution,including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule,when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including,but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved,the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a.- Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion,acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion,substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product,the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified,and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work,to include building 20 modifications if necessary,making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2- PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature _Recommended Recommended 38 as noted 39 40 Firm Not recommended _Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting,prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 0131 19-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 £ Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances,easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 cc. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 31 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] s 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 t 4 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 r r.. 01 31 20-1 PROJECT MEETINGS Page 1 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 j 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified,periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded,tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section,may be held when requested j 29 by the City,Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule,including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees i 38 a. Contractor CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 31 20-2 PROJECT MEETINGS Page 2 of 3 I b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general,the neighborhood meeting will occur within the 2 weeks following 5 the pre-construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- i l needed basis. Such additional meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings,prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off-site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress,schedule,during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 31 20-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 1 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable,meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] ¢ 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] i 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] [ 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE i j 23 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 t. 01 32 16-1 fr CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1 - 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. C 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2-No schedule submittal required by contract,but will require some 25 milestone dates. Small,brief duration projects 26 c. Tier 3- Schedule submittal required by contract as described in the 27 Specification and herein.Majority of City projects,including all bond program 28 projects 29 d. Tier 4-Schedule submittal required by contract as described in the 30 Specification and herein.Large and/or complex projects with long durations 31 1) Examples:large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5- Schedule submittal required by contract as described in the 34 Specification and herein.Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant i 37 2. Baseline Schedule-Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule-Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July I,2011 City Project Number:01734 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes, expected delays,key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM)as required in the City of Fort Worth Schedule 10 Guidance Document. i l 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 32 16-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 I D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence,make findings of fact and will advise the Contractor,in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled,the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which,according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 1 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 4 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time,it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions,weather, 27 technical difficulties,strikes,unavoidable delays on the part of the City or its 28 representatives,and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. t 30 1) Under such conditions,the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which P 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. ' 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. ( 45 b. Proceed with work according to early start dates,and the City shall have the 'j 46 right to reserve and apportion float time according to the needs of the project. I CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 32 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. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CST:0902-48-791 Revised July 1,2011 City Project Number:01734 01 32 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 PART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE �- 18 r CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 3233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3- EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 33 00-1 SUBMITTALS Page l of 8 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 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing,at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare,prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities,or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including,but not limited to: 32 a) Disapproval and resubmittal(if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication ` 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission)of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) `By this submittal, I hereby represent that I have determined and verified 33 field measurements,field construction criteria,materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 '/z inches x 11 inches to 8 %s inches x l Iinches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-3 t SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of. 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product,with the Specification Section number,page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards,such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes,but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation(working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 1 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01 734 O1 3300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11)Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12)As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing,as applicable to the Work 18 I. Do not start Work requiring a shop drawing,sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed,materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site,or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate - 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-5 SUBMITTALS Page 5 of 8 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. - 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distri'—+ed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples,where required,to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors,including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City,except as otherwise 28 provided herein 29 2. The review and approval of shop drawings,samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy,for coordinating the 35 Work with all other associated work and trades,for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings,data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than I resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial,at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered "Not Approved"until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City,the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal,appropriately coded,will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections,include,but are not necessarily 8 limited to,complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. l 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 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 3300-8 SUBMITTALS Page 8 of 8 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days 5 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 a_ 01 35 13-1 SPECIAL PROJECT PROCEDURES I Page 1 of 8 I 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 j 22 2. Division 1 —General Requirements It 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. ` 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 35 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 35 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines, or raise or ff 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as"AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. i 24 c. Critical Emission Time 1 25 1) 6:00 a.m.to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality(TCEQ), in coordination 28 with the National Weather Service,will issue the Air Pollution Watch by 3:00 29 p.m. on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m. whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. l 33 2) However,the Contractor may begin work prior to 10:00 a.m.if: 34 a) Use of motorized equipment is less than 1 hour, or 35 b) If equipment is new and certified by EPA as "Low Emitting",or 36 equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions,or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives,Drop Weight,Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage,24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 01 31 13 46 G. Water Department Coordination CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Proiect Number:01734 01 3513-4 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 11 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 1. 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 013513-5 SPECIAL PROJECT PROCEDURES E Page 5 of 8 l b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers(USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required,meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required,meet all requirements set forth in each designated 24 railroad permit. This includes,but is not limited to,provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust,capture and properly dispose of waste water. 42 b. If wet saw cutting is performed, capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 35 13-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3- EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 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 13 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 35 13-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 I 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. i - 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 35 13-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B 2 FORT WORTH Data DOE HO.XXXX Project Home: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR 4 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 4523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing,coordinating,and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance I_ 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments i 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City,sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor,notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 4523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3- EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 5000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including,but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include,but are not necessarily limited to: 16 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. L 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel,power,light, heat and other utility services necessary for 32 execution,completion,testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 5000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work,including 6 testing of Work. 7 1) Provide power for lighting,operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off-site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on-call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2- PRODUCTS [NOT USED] I 17 PART 3- EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] j 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR]/[RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 5000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work,to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of3 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 5526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit,such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction,then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices(MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July I,2011 City Project Number:01734 f 01 5526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 i i CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 57 13-1 STORM WATER POLLUTION PREVENTION Page 1 of3 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 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 3125 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent:NOI I 23 2. Notice of Termination:NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality:TCEQ 26 5. Notice of Change:NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification,unless a date is specifically cited. 31 2. Integrated Storm Management(iSWM)Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to StolmwaterPollution Prevention Plan. 37 B. Construction Activities resulting in: CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 57 13-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 3125 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System(TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send I copy to City Department of 12 Transportation and Public Works,Environmental Division, (817)392- 13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division,(817)392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division,(817)392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00,except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works,Environmental Division for review 47 B. Modified SWPPP CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 57 13-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 l 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2- PRODUCTS [NOT USED] 11 PART 3- EXECUTION [NOT USED] 12 END OF SECTION 13 Revision Log DATE NAME SUMMARY OF CHANGE 14 i CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 58 13-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 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 1.3 REFERENCES [NOT USED] C17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] !� 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS 27 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Protect Number:01734 01 58 13-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 l B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed,upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 r 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 II 1 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 6000-1 PRODUCT REQUIREMENTS Page 1 oft I SECTION 01 60 00 2 PRODUCT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02-Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use, including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 6000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 6600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 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 1 , 16 1.2 PRICE AND PAYMENT PROCEDURES. 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 6600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors,public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns,grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly,safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet,unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 6600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY[NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged,used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] ¢ 19 3.10 CLEANING [NOT USED] Y 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. I 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by I 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Proiect Number:01734 01 6600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 70 00-1 MOBILIZATION AND REMOBILIZATION Page I of4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment,and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation I 1 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment,and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment,supplies,and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization _ 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site'necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 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 furnished 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 Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under"Measurement"will be paid for at the unit 14 price per each"Work Order Mobilization"in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.1.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d. No payments will be made for standby, idle time,or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement'will be paid for at the unit 29 price per each"Work Order Emergency Mobilization"in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.1.A.4.a) 34 2) Demobilization as described in Section I.1.A.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] r 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] j I 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 _ 01 71 23-1 CONSTRUCTION STAKING AND SURVEY Page I of 4 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PARTI - 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 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS S 31 A. Submittals, if required,shall be in accordance with Section 01 33 00. I` 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [ 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the 38 State of Texas. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 71 23-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 B. Field Quality Control Submittals 2 1. Documentation verifying accuracy of field engineering work. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staking 7 1. Construction staking will be performed by the City. 8 2. Coordination 9 a. Contact City's Project Representative at least 2 weeks in advance for 10 scheduling of Construction Staking. 11 b. It is the Contractor's responsibility to coordinate staking such that construction 12 activities are not delayed or negatively impacted. 13 3. General 14 a. Contractor is responsible for preserving and maintaining stakes furnished by 15 City. 16 b. If in the opinion of the City,a sufficient number of stakes or markings have 17 been lost,destroyed or disturbed,by Contractor's neglect,such that the 18 contracted Work cannot take place,then the Contractor will be required to pay 19 the City for new staking with a 25 percent markup.The cost for staking will be 20 deducted from the payment due to the Contractor for the Project. 21 B. Construction Survey 22 1. Construction Survey will be performed by the City. 23 2. Coordination 24 a. Contractor to verify that control data established in the design survey remains 25 intact. 26 b. Coordinate with the City prior to field investigation to determine which 27 horizontal and vertical control data will be required for construction survey. 28 c. It is the Contractor's responsibility to coordinate Construction Survey such that 29 construction activities are not delayed or negatively impacted. 30 d. Notify City if any control data needs to be restored or replaced due to damage 31 caused during construction operations. 32 1) City shall perform replacements and/or restorations. 33 3. General 34 a. Construction survey will be performed in order to maintain complete and 35 accurate logs of control and survey work as it progresses for Project Records. 36 b. The Contractor will need to ensure coordination is maintained with the City to 37 perform construction survey to obtain construction features,including but not 38 limited to the following: 39 1) All Utility Lines 40 a) Rim and flowline elevations and coordinates for each manhole or 41 junction structure 42 2) Water Lines 43 a) Top of pipe elevations and coordinates for waterlines at the following 44 locations: 45 (1) Every 250 linear feet CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (2) Horizontal and vertical points of inflection, curvature, etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts,dead-end lines 10 (10) Air Release valves(Manhole rim and vent pipe) 11 (11) Blow off valves(Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe(each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection,curvature, etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection,curvature, etc. 24 (c) Cleanouts 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the City to 29 perform construction survey and to verify control data, including but not 30 limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling i 35 3) Lines and grades were used to establish the location of the pipe 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and _ 40 grade of the carrier pipe on a daily basis. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it, as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe i 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances,immediately notify 47 the City and correct the installation in accordance with the Contract 48 Documents. 49 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 71 23-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 APPLICATION 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL 12 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 13 City in accordance with this Specification. 14 B. Do not change or relocate stakes or control data without approval from the City. 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 24 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20;2012 City Project Number:01734 01 74 23-1 CLEANING Page I of 4 I SECTION 0174 23 2 CLEANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including_special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13 —Hydro-Mulching,Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid_ 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 7423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS . CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 7423-3 CLEANING Page 3 of4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean,sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health,safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals,dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 19 5. Prior to storm events,thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease,mastic,adhesives, dust,dirt, stains,fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors,lenses,lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 1 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. ( 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way)Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks,pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including,but not limited to,vaults,manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 7423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs, lights,signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 77 19-1 CLOSEOUT REQUIREMENTS Page I of 3 I SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees,Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees,bonds, 20 certificates,licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. I CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 77 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection,submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data,if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City,immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City,in the presence of the Contractor,will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include,but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 77 19-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory,the City will issue a Notice of Project Completion(Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report(if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log DATE NAME SUMMARY OF CHANGE 29 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised July 1,2011 City Project Number:01734 01 78 23-1 OPERATION AND MAINTENANCE DATA Page I of 5 I SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1 - GENERAL - 4 L 1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include,but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers(to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS i 27 A. Submittals shall be in accordance with Section 0133 00 . All submittals shall be l28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 %2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum,white, for typed pages 36 2) Holes reinforced with plastic,cloth or metal 37 c. Text: Manufacturer's printed data,or neatly typewritten CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product,and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used,correlate the data into related consistent 19 groupings. 20 4. If available,provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor,name of responsible principal,address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included,indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text,as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Protect Number:01734 01 7823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty,bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content,for architectural products,applied materials and finishes: 8 a. Manufacturer's data,giving full information on products 9 1) Catalog number,size,composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content,for moisture protection and weather exposure products: 18 a. Manufacturer's data,giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection,maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content,for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function,normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts j 30 b. Operating procedures ( 31 1) Start-up, break-in,routine and normal operating instructions 32 2) Regulation, control,stopping,shut-down and emergency instructions 33 3) Summer and winter operating instructions 134 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly,repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7823-4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts,manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content,for each electric and electronic system,as appropriate: 6 a. Description of system and component parts 7 1) Function,normal operating characteristics,and limiting conditions 8 2) Performance curves,engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to"trouble shooting" 22 3) Disassembly,repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts,manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 7823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2- PRODUCTS [NOT USED] 5 PART 3- EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1—title ofsection removed 8 J d CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Revised December 20,2012 City Project Number:01734 01 78 39-l PROJECT RECORD DOCUMENTS Page 1 of4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection,deliver Project Record Documents to 25 City's Project Representative. [ 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents,making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and ` 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791) Revised July 1,2011 City Project Number:01734 01 7839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 l 3. To facilitate accuracy of records,make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible,to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data,use means necessary to again secure the data 12 to the City's approval. 13 a. In such case,provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2- PRODUCTS 18 2.1 OWNER-FURNISHED [oR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed,secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3- EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS-JOB SET". CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791] Revised July 1,2011 City Project Number:01734 01 7839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time,the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City,until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, i l clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil),clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a"cloud"drawn around the area or areas affected. 19 e. In the event of overlapping changes,use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings,arrangements of conduits, circuits,piping, 23 ducts,and similar items,are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor,subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings,by dimension accurate to within 1 31 inch,the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor,subject to the 33 City's approval. 34 2) Show,by symbol or note,the vertical location of the Item("under slab", "in 35 ceiling plenum", "exposed",and the like). ( 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts j 39 where,in the City's judgment,conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents,coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction,and the actual location of items. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791] Revised July 1,2011 City Project Number:01734 SECTION 02-TXDOT REQUIREMENTS i I Buy America § 635.490 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 FOR THE TEXAS DEPARTMENT OF TRANSPORTATION FOR NEGOTIATED CONTRACTS AND GRANTS of TiansporixUcn Under Family Code,Section 231.006, (name of individual) certifies that (name of business) (vendor#) as of (enter date) is eligible to receive a grant, loan,or payment and acknowledges that any contract may be terminated and payment may be withheld if this certification is inaccurate. List below the name and social security number of the individual or sole proprietor and each partner, shareholder,or owner with an ownership interest of at least 25%of the business entity submitting the bid or application. This form must be updated whenever any party obtains a 25%ownership interest in the business entity. Name(please print legibly,if handwritten) Social Security Number 000-00-0000 000-00-0000 000-00-0000 000-00-0000 000-00-0000 000-00-0000 Family Code, Section 231.006,specifies that a child support obligor who is more than thirty(30) days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25%percent is not eligible to receive payments from state funds under a contract to provide property,materials,or services;or receive a state- funded grant or loan. A child support obligor or business entity ineligible to receive payments described above remains ineligible until all arrearage have been paid or the obligor is in compliance with a written repayment i agreement or court order as to any existing delinquency. Except as provided by Family Code,Section 231.302(d),a social security number is confidential and may be disclosed only for the purposes of responding to a request for information from an agency operating under the provisions of Subchapters A and D of Title IV of the federal Social Security Act(42 U.S.C.Sections 601 et seq.and 651 et seq.) The Texas Department of Transportation maintains the information collected through this article. With few exceptions,you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 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. • Please send this form to Texas Department of Transportation,General Services Division (GSD). • Contract Services Section, 125 E. 11th Street,Austin,Texas 78701-2483. Page 1 of 1 Revised 1/08 FORM 8B 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. n i 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. I DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure. 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑a. contract F-1 a. bid/offer/application ❑ 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 ❑Prime ❑Subawardee and Address of Prime: Tier if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): 11 Information requested through this form is authorized by title 31 U.S.C.section 1352. This disclosure of lobbying activities is a material representation of fact Signature: upon which reliance was placed by the tier above when this transaction was made print Name: or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use se,-nly Standard Form LLL(Rev.7-97) r C INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Memberof Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously su bmitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP)number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,'RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11.The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. t NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value on account of such sale. OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated this 23 day of April 2015 The Fain Group, Inc. (Name of Organization) President Title of Person Signing) Sig ature) ACKNOWLEDGEMENT �4`",. fair STATE OF K SS � a �IF(..Eyl riiiif;.�frtrt . r"rr� °,i COUNTY OF 6-V � ��.,R�� �� ..�w�s`�e�.`.� ��. rrrtpe� z 7 2cn Before me, a Notary Public,personally appeared the above named and swore that the statements contained in the foregoing document are true and correct. Subscribed and s rn tome this day of Notary Public Signature � ri.,rfr P, Ixf CiTf .,V a 3.r ,� t lifyp;!:rrr7ri�,w��rl .tis �e,.; My Commission Expires: v� �t air OFFICIAL 1,4, CO RD CITY SECRIR ARR Y i FM WORTH, TX J 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 X 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 quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project. - Form 1560-CS Texas Department of Transportation Professional Provider Insurance INSTRUCTIONS (Page01 of (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: http://www.txdot.gov/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: http:/Iwww.txdot.gov/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 512-416-4620 (V) 512-416-4621 (F) ® Form 1560-CS Texas Department of Transportation (TxDOT) Professional Provider Insurance (Rev.03/13) � CERTIFICATE OF INSURANCE Page 2of2 (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: State: Zip Code: Phone Number: Vendor ID Number(11 digits): Contractor/Client(if applicable): Street/Mailing Address: City: State: Zip Code: Phone Number: Vendor ID Number(11 digits): Workers'Compensation Insurance Coverage: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Carrier Phone Number. Address: City: State: Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability Workers'Compensation Not Less Than: Statutory-Texas Commercial General Liability Insurance: Carrier Name: Carrier Phone Number. Address: City: State: Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability Commercial General Not Less Than: Liability Insurance Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence OR $100,000 for aggregate Commercial General OR Liability Insurance $600,000 combined single limit Automobile Liability Insurance: Carrier Name: Carrier Phone Number. Address: City: State: Zip: Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability Business Automobile Policy Not Less Than: Bodily Injury $250,000 each person Property Damage $500,000 each occurrence p rty g $100,000 each occurrence ! Authorized Agent name, address and zip code: 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 sender's 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 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 $10,000 or more) Applicable "Wage Determination Decision" Also, by signing this proposal the contractor is giving assurances that all subcontract I agreements will incorporate the Standard Specification and Special Provisions. I , Control: 0918-45-897 Project: STP 201 1(226)TE County: Tarrant "The enclosed Texas Department of Transportation specifications,special provisions,general notes and specification data in this document have been issued by me,or under my responsible supervision,as being applicable to this project." General Decision Number: TX140035 01/03/2014 TX35 Superseded General Decision Number: TX20130035 State: Texas Construction Type: Highway Counties: Archer, Callahan, Clay, Collin, Dallas, Delta, Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker, Rockwall, Tarrant and Wise Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) . Modification Number Publication Date 0 01/03/2014 * SUTX2011-007 08/03/2011 Rates Fringes CONCRETE FINISHER (Paving and Structures) . . . . . . . . . . . . . . . . . . . . . .$ 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 __i or Less. . . . . . . . . . . . . . . . . . . . .$ 18.12 Crawler Tractor. . . . . . . . . . . . .$ 14.07 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 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 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 t 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. s` 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, l 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. s (b) The provisions of this section shall be governed by the following: F (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. I� t Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA SW3P RESPONSIBILITIES TxDOT Area of Responsibility Responsible for the area defined by the limits of the subject project, except for those areas utilized and operated by the contractor. These areas include, though are not limited to, areas used for field offices, equipment and/or material storage, and concrete or asphalt plants. TxDOT Operational Responsibility Responsible for seeking coverage under the TPDES Construction General Permit (CGP) and operating the project within the requirements of the CGP for discharging storm water from the subject project and to notify MS4 permit holders of the intent to discharge storm water. File a Notice of Termination with TCEQ upon completion of the project when the exposed areas have been stabilized with a vegetative cover of at least 70%. Contractor Area of Responsibility Responsible for all areas under their direct operational control which includes, though not limited to, areas used for field offices, equipment and/or material storage, and concrete or asphalt plants. These areas may be located on or off the subject project's R.O.W. Contractor Operational Responsibility Responsible for seeking coverage under the TPDES Construction General Permit (CGP) and adhering to all requirements of the permit for discharging storm water from the areas under their operational control. Perform regular inspections, prepare a written report of deficiencies, and repair deficiencies within the time frame set forth by the permit. File a Notice of Termination with TCEQ upon completion of the project when the exposed areas have been stabilized with a vegetative cover of at least 70%. Responsible under contractual obligations to TxDOT to install, clean, repair, replace or remove sediment and erosion control devices as indicated on TxDOT's Inspection Reports, or as required by daily construction practices,within the time frame set forth by the permit. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 (!r[{ t Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA SPECIFICATION DATA Table 1: Soil Constants Requirements Item Description Plasticity Index Note Max Min Embk(FINAL 132 DC)(T e C) 40 8 1 Note 1: Material excavated from the project must meet the PI requirements when used in the top 10 feet of embankment that supports the pavement structure or other locations shown in the plans. Do not use shale and obtain approval to incorporate shaley clay produced by the construction project. Contractor shall obtain embankment from an approved source. Table 2: Basis of Estimate for Permanent Construction Item Description Thickness Rate Quantity 162 Block Sod N/A ** SY 161 Compost N/A ** SY I` Vegetative Watering Refer to t 170 Block Sod N/A Vegetation ** M Drill Seeding Establishmen g t Sheet 3267 Hot Mix Asphalt(Ty B) 110 Lbs/SY/In ** Ton *For contractor's information only **For quantities,see summary sheets in construction documents for CSJ 0902-48-791. Note: (1) Base material weight based on 1.50 Ton/CY(dry-compacted) (2) Asphalt weight based on 110 Lbs/SY/inch (3) Sub grade weight based on 103 LBS/CF(dry-compacted) Table 3: Basis of Estimate for Temporary Erosion Control Items Item Description Rate Quantity 166* Fert(12-6-6) 500 Lbs/Ac ** Ton 168 Vegetative Watering 10 Gal/SY ** Mg CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 t County: Tarrant Highway: NA *For contractor's information only **For quantities, see summary sheets in construction documents for CSJ 0902-48-791. GENERAL t This project(CSJ 0902-48-791)is defined by three separate corridors consolidated into one set of contract drawings.The contract drawings contain the following for each corridor: Oakland Blvd: This corridor provides contract documents for the construction of both on-street bike lanes between Rosedale Street to Randol Mill Road and off-street sidewalk connections between Rosedale and IH-30. Documents include on-street vehicular and bicycle striping, proposed and relocation of existing street signage, along with proposed pedestrian sidewalk and ramp connections. Westcreek Dr.: This corridor provides contract documents for the construction of both on-street bike lanes and off-street sidewalks from IH-20 to Kellis Park. Documents include on-street vehicular and bicycle F striping, proposed and relocation of existing street signage, along with proposed pedestrian sidewalk and ramp connections. Riverpark: This corridor provides contract documents for the construction of an extension to the existing parking lot and updated trail connection to the existing Trinity Trails system. Documents include proposed parking expansion, relocation of existing accessible spaces and sidewalk connection from the parking lot to the existing trail system. Each corridor contains its own quantity summary sheets. Standard details are consistent across all projects. Access will be provided to all business and residences at all times. Materials, labor and maintenance for these temporary accesses will not be paid for directly but will be considered subsidiary to the various bid items. i The construction, operation and maintenance of the proposed project will be consistent with the state implementation plan as prepared by the Texas Commission on Environmental Quality. The disturbed area for this project, as shown on the plans is 2.94 acres. However, the Total Disturbed Area(TDA)will establish the required authorization for storm water discharges. The TDA of this project will be determined by the sum of the disturbed area in all project locations in the contract, and all disturbed area on all Project-Specific Locations(PSL)located in the project limits and/or within 1 mile of the project limits. The department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality(TCEQ)for the construction site as shown on the plans, according to the TDA of the project. The contractor will obtain any required authorization from the TCEQ for the discharge of storm water from any PSL for construction support activities on or off of the project row according to the TDA of the project. When the TDA for the project exceeds I acre,provide a copy of the appropriate application of permit(NOI, or Construction Site Notice)to the engineer, for any PSL located in the project limits or within 1 mile of the project limits. Follow the directives and adhere to all requirements set forth in the TCEQ, Texas Pollution Discharge Elimination System, Construction General Permit(TPDES, CGP). CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Leave all right of way areas undisturbed until actual construction is to be performed in said areas. Use established industry and utility safety practices to erect poles, luminaries, signs or structures near any overhead or underground utility. Consult with the appropriate utility company prior to beginning such work. Underground utilities owned by the Texas Department of Transportation may be present within the Right- Of-Way on this project. For signal, illumination, surveillance, and communication & control, call TxDOT Traffic Signal Office (214-320-6682) and/or TxDOT Freeway Management Office (214-320- 4439) for locates a minimum of 48 hours in advance of excavation. For irrigation systems, call TxDOT Maintenance Landscape Office (214-320-6205) for locates a minimum of 48 hours in advance of excavation. If city or town owned irrigation facilities are present, call the appropriate department of the local city or town a minimum of 48 hours in advance of excavation. Existing facilities are shown schematically for Contractor's guidance only. All existing facilities may not be shown. The Contractor shall notify The City of Ft. Worth of any existing facilities conflicting with the proposed construction and obtain direction for the proper disposition of said conflicting existing facilities from The City of Ft. Worth at least 72 hours prior to construction. The Contractor shall take any and all necessary measures to protect all existing facilities which may be encountered that do not require ultimate removal. See S.U.E. existing utility layouts for more info. For the project to be deemed complete, permanently stabilize all unpaved disturbed areas of the project with a vegetative cover at a minimum of 70%density for the control of erosion. Repair or replace any structures and utilities that might have been damaged by negligence or a failure to have utility locates performed. Submit pre-letting questions by e-mail or fax as follows: e-mail: Joe1.McElhany @fortworthtexas.gov A file containing these questions and answers will be available for review at the Parks and Community Services Department located at 4200 S.Freeway, Suite 2200,Fort Worth,TX 76115. Material On Hand(MOH)will not be used in calculating partial payments for Mobilization. Provide the City of Ft. Worth with a copy of all DBE subcontractor agreements prior to commencing work. Item 8: Nighttime work is allowed in accordance with Article 8.3.C.1. Item 100: Remove and replace the existing roadway signs as shown on the plans,or as directed,during construction within the right of way. Remove trees as indicated in the plans. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Item 104: Provide a smooth surface after the curb removal. Planing or grinding is considered an acceptable method at these locations. Measurement and payment is in accordance with this item. F Sawing of concrete is not paid for directly, but is considered subsidiary to this item. Removal of all concrete and structures of the types specified in the plans will be paid for under the pertinent bid item. The removal of other types of obstructions encountered will be paid for under Item 100, if applicable. Items 110 and 132: Excavation and embankment for sidewalks, driveways, alleys and intersections will not be paid for directly,but will be considered subsidiary to this item. Scarify and loosen the excavated areas,unpaved surface areas, except rock,to a depth of at least 8 inches and compact in accordance with the specifications. Shale is not an acceptable material for embankment. Do not use shaley clays in embankment unless approved in writing. Item 132: Earth embankment Type C are mainly composed of materials other than shale. Furnish material that is free from vegetation or other objectionable material and that conforms to the requirements of Table 1 (Sheet B). Do not use shaley clays in embankment unless approved in writing. j Item 360: Single piece tie bars will be used for paving. Drill holes into the pavement and grout straight tiebars in place with epoxy. Use a non-impact, rotary core drill to prevent damage to the pavement unless otherwise directed. Clean the drill holes and then completely fill with epoxy before inserting the tiebar. Do not bend the tiebars or insert them into plastic concrete without the approval of the engineer. Provide curbs monolithically constructed with the concrete pavement, unless otherwise shown on the plans. If continuous monolithic curb has to be temporarily omitted for any reason, provide dowelled curbs in the proposed areas, as detailed in the plans, and apply an approved epoxy resin to the pavement to receive the curb as directed. This work and materials will not be paid for directly, but is considered subsidiary to this item. If asphalt curing is used, cure the concrete pavement with MS-2. Stockpile the concrete aggregates at the plant site. Provide pavement widening joints, as detailed in the plans, at all locations where concrete pavement is placed adjacent to existing concrete pavement. Installation of these joints is not paid for directly, but is considered subsidiary to this item. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Payment for furnishing and installing the pre-molded expansion joint material between the retaining walls and concrete pavement is not paid for directly,but is considered subsidiary to this item. Curb transition is paid for as Type II curb. The installation of curb openings is not paid for directly,but is considered subsidiary to this item. Place construction, sawed and contraction joints in accordance with the pavement detail sheet and as directed. Joint locations, other than as shown on the plans, are subject to approval. Provide tiebars in longitudinal joints but do not place them within 15 inches of transverse joints. Contractor personnel performing job-control testing on concrete must be ACI-Certified.Provide a copy of certification paper to the Engineer upon arrival and before testing at job site.Furnish hard copies of calibration reports for testing equipment when non-TxDOT approved equipment is used to test concrete. The engineer may allow the use of local commercial laboratories under contract to provide these services. Item 423 Square foot surface area of retaining wall is measured from the top of retaining wall to the top of the footing. Supply drainage aggregate meeting the requirements of this item for use as filter material with the retaining wall. Cement-Stabilized Backfill (CSB)is not permitted. RAP and crushed concrete is not permitted. The clay cap shall consist of clay material with a plasticity index of 15 or greater. Onsite materials meeting this requirement may be used for this cap. Item 502: Provide written proposed lane closure information by 1:00 pm on the business day prior to the proposed closures. Do not close lanes when this requirement is not met. When excavation is required next to a pavement lane carrying traffic and the widening is not completed by the end of the work day, backfill against the edge of the pavement with at least a 3:1 slope using an acceptable material to support vehicular traffic. Carefully remove and dispose of this material when work resumes. Backfilling pavement edges, and the materials required for the work will be subsidiary to this item. Place barricades and signs in locations that do not obstruct the sight distance of drivers entering the streets from driveways or side streets. Do not operate or park any equipment/machinery closer than 30 feet from the traveled roadway after sunset unless authorized by the engineer. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA When moving unlicensed equipment on or across any pavement or public highways,protect the pavement from all damage using an acceptable method. - Traffic Control Plans with Lane Closures causing backups of 20 minutes or greater in duration will be modified by the Engineer. Item 506: SW3P Maintenance Reports are made every seven calendar days. Make corrections as soon as possible before the next anticipated rain event or within seven calendar days after being able to enter the site to work for each BMP. A BMP site being "Too Wet to Work" is the only acceptable reason for not accomplishing the corrections with the seven calendar day time limit and should be thoroughly documented on Form 2118. If maintenance corrections are not made within this time frame then all work will cease,time charges will continue until SW3P is brought into compliance and is documented on Form 2118 after TxDOT review. This in no way releases the contractor of liability for noncompliance. Obtain from the Engineer a copy of the project's TPDES Storm Water Program and Notice of Intent or 1 Construction Site Notice. Laminate the sheets and bond with adhesive to 36"X 48"plywood sign blanks. Ensure the sheets remain dry. Apply Type C Blue reflective sheeting as the background and add the text "SW3P" in 5" white lettering, centered at the top. Attach the signs to approved temporary mounts and locate at each of the project limits or as directed by the Engineer. SW3P Signs, maintenance, and repostings will be subsidiary to Item 502. Item 636: ' Use the font shown on the current standard sheets for all route markers (including interstate shields) and "Exit Only"panel information. Provide six(6)sets of shop drawings for signs. The shop drawings shall conform to the details shown on the plans. The shop drawings shall show the details of the panels,wind beams, stiffeners,joint backing plates, splices,joint backing plates,splices,fasteners,brackets,and sign support connections. The shop drawings shall show letter types and sizes, interline spacing and message arrangements. Contractor shall salvage the two signs and sign posts indicated on the plans. The contractor shall provide the necessary hardware, equipment, labor, and materials to install the salvaged signs in the new locations outside the proposed construction. Items 644- Prior to taking elevations to determine lengths for fabrication of sign posts and/or sign support towers, obtain verification of all proposed locations. Provide field galvanizing and metallizing equipment, as per Item 445, at all times and make repairs to galvanized surfaces according to the above specification item at intervals as directed. Base all sign support quantities for pipe and structural steel on the dimensions shown on the approved shop drawings or as approved in writing. Make calculations for measurement of the sign support quantities from the approved shop drawings in accordance with Article 9.1 of the standard specifications. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Measure increases or decreases in quantities caused by changes in design after the shop drawings are approved as specified and revised quantities will be the basis for payment. After sign supports with signs attached have been erected, wash individual units requiring cleaning with an approved cleaning solution to remove all grease,oil,dirt,smears,streaks, and other foreign particles. Item 666: Provide Type III Glass Traffic Beads that meet the requirements of Departmental Materials Specifications DMS-8290. Item 677: Grinding of pavements is not allowed to eliminate pavement markings. Placement of paint or thermo is not allowed to eliminate pavement markings. Item 1014: TY 1 Stone Veneer Furnish and install Masonry Veneer as shown on the Architectural plans and as directed. Provide native, North Central Texas limestone known as Milsap Stone quarried locally from a single source as shown in the plans and as approved by the Architect. Meet or exceed Classification I(Low-Density)as outlined in ASTM C568. Stone color shall be variable earth tones ranging from light tan to brown with traces of rust as approved by the Architect from submitted samples. Stone must be 4 inch nominal thickness, of roughly one square foot of surface area,varying as shown on the plans. Finish must be natural, irregular random rubble as indicated in the Architectural Drawings,not saw-cut. Submit 1 sample of a representative size mix,not less than 5 square feet for approval by the Architect. The sample shall be typical of the grade, color and finish specified. Mortar: Provide cement/lime mortar as described in ASTM C270,white only. Comply with ASTM C270,Proportion Specification. Setting mortar shall be ASTM C270 Type N with a compressive strength of 1800 psi minimum at 28 days.Pointing mortar shall be ASTM C270,Type N. Cementitious Materials for Mortar: Hydraulic Cement: Type I,white,conforming to DMS-4600. Mortar Cement: Conforming to ASTM C1329 Lime: Conforming to ASTM to ASTM C207 Type S or ASTM C5. Aggregates: Sand for mortar shall be natural sand or quartz sand only, and comply with ASTM C144. Water: Use only clean,potable water. Anchors,Ties and Metal Accessories: Hot-Dip Galvanized,Carbon-Steel Wire: ASTM A 82/A 82M; with ASTM A 153/A 153M, Class B-2 coating. Steel Sheet, Galvanized after Fabrication: ASTM A 1008/A 1008M, Commercial Steel,with ASTM A 153/A 153M, Class B coating. Unless otherwise indicated,size wire ties to extend at least halfway through veneer but with at least 5/8- inch cover on outside face. Outer ends of wires are bent 90 degrees and extend 2 inches parallel to face of CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 f i Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA veneer. Provide anchors that allow vertical or horizontal adjustment but resist tension and compression forces perpendicular to plane of wall. Anchor Section for Welding to Steel Frame: Crimped 1/4-inch-diameter,hot-dip galvanized steel wire. Triangular-shaped wire tie,sized to extend within 1 inch of masonry face,made from 0.25-inch- diameter,hot-dip galvanized steel wire. Provide anchors that allow vertical adjustment but resist tension and compression forces perpendicular to plane of wall,for attachment over sheathing to wood or metal studs. Anchors must be capable of withstanding a 100-lbf load in both tension and compression without deforming or developing play in excess of 0.05 inch. Anchors must be Screw-Attached,Masonry-Veneer Anchors,Units consisting of a wire tie and a metal anchor section. Select from Dayton Superior Corporation,Dur-O-Wal Division;D/A 801,Heckmann Building Products Inc.;Pos-I-Tie,Hohmann&Barnard,Inc.;DW-10-X,or approved equal Construction Methods: t Do not mix or place mortar when the temperature is 40 deg F or less.and falling.When ambient temperature exceeds 100 deg F,or 90 deg F with winds exceeding 8 mph, do not spread mortar beds more than 48 inches in advance of masonry and set masonry within one minute of spreading mortar. Otherwise, use mortar within 2 hours after initial mixing.Protect unit masonry work with appropriate countermeasures when temperature or humidity conditions cause excessive evaporation from mortar. Mix mortar in accordance with ASTM C270.Do not use admixtures with mortar unless approved by the Architect. Thoroughly mix ingredients in quantities needed for immediate use. Clean stones with fiber brushes and clean water before setting.Maintain a saturated surface dry to slightly wet condition for stone immediately before setting. Provide full mortar setting bed of the specified thickness to fully support stone over bearing surface. Set f stone level and at proper alignment. Completely fill beds and joints,and rake the mortar to a depth of t/z". Point beds and joints with a concave tooled joint. Keep exposed faces of stone free from mortar. Provide wall ties or anchors as shown in the plans. Cover top surface of veneer/wall cross-section overnight, weekends, and when raining during work hours. Weeps: Plastic or other weep tubes, or felt wicks,shall be placed in joints where moisture may accumulate within the wall, and as shown on the plans or as directed by the Architect. ' Adjustment and Cleaning: Perform adjustment of natural stone veneer as required until acceptance by the Architect. Replace stone which becomes broken, chipped,stained or otherwise damaged.Replace unsatisfactory joints as required to provide a neat, uniform appearance. Clean stone veneer promptly after installation with fiber brushes and clean water, or a mild cleaning agent.Do not use wire brushes,acidic cleaning agents, or cleaners that contain caustic or harsh fillers or abrasives. Maintain site conditions to avoid damage, discoloration or deterioration to natural stone veneer during subsequent construction. TY 2 Stone Coping Stone coping will be constructed of cast stone masonry consisting of approved cast stone, laid in lime- cement mortar in conformity with the form, dimensions, and design shown on the plans. Manufacturer shall be a current producer member of the Cast Stone Institute. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Reference Standards: Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. Cast Stone Institute Technical Manual(Current Edition). ASTM C 150- Specification for Portland Cement. ASTM C 33 -Specification for Concrete Aggregates. ASTM C 979- Specification for Coloring Pigments for Integrally Pigmented Concrete. ASTM C 494- Specification for Concrete Admixtures. ASTM A 615-Specification for Deformed and Plain Billet Steel Bars for Concrete Reinforcement. ASTM C 1194-Test Method for Compressive Strength of Architectural Cast Stone. ASTM C 1195 -Test Method for Absorption of Architectural Cast Stone. ASTM C 642-Test Method for Specific Gravity,Absorption, and Voids in Hardened Concrete. ASTM C 39-Test Method for Compressive Strength of Concrete Cylinders. ASTM D 2244-Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. Submittals: Submit shop drawings including dimensioned details of typical and special stones and setting plans showing mark numbers of individual stones, details of setting procedures,anchor types, and anchor locations. Submit actual material samples of manufacturer's cast stone for color selection by Architect. Provide one sample per color,two color options minimum,manufacturer's standard white and buff. Samples shall all be standard smooth texture. Submit manufacturer's standard product literature for cleaning agent. Raw Materials: Portland Cement-Type I or III,white only,ASTM C 150. Coarse Aggregates-Granite, quartz or limestone,ASTM C 33, except for gradation. Fine Aggregates-Manufactured or natural sands,ASTM C 33, except for gradation. Colors-Inorganic iron oxide pigments,ASTM C 979. Admixtures-ASTM C 494. Water-potable. Color and Finish: Match sample selected by Architect. Unless otherwise specified,cast stone shall exhibit a fine grained texture similar to natural stone. No bug holes or air voids will be permitted. Cast stone must match color and finish of approved sample subjected to similar aging and weathering conditions when viewed in direct daylight at a 20-foot distance. ASTM color variation allowed-2%hue; 6%lightness, chroma and hue combined. Curing and Finishing: Cure units in a warm,moist curing chamber at 95%relative humidity for 24 hours, or yard cure for 350 degree-days(i.e., 7 days @ 50°F or 5 days @ 70°F)prior to shipment. Acid-etch exposed surfaces to remove cement film prior to packaging for shipment. Reinforcing: new billet steel reinforcing bars. Refer to ASTM A615 and Item 440 Reinforcing Steel. Reinforce units when necessary for safe handling and structural stress. Reinforcement shall be galvanized or epoxy coated when covered with less than 1 1/2 in.of material. Area of reinforcement in panels shall be not less than 1/4% of the cross sectional area. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CST:0902-48-791 Project Number: STP 2011 Control: 0902-48-791 County: Tarrant Highway: NA Mortar: Mortar shall meet the requirements of ASTM C270-Proportion Specification,Type N. Mortar shall be mixed in the proportions by volume of 1 part Portland cement, 1 part hydrated lime,and 6 parts of sand; or, I part of Type N masonry cement and 3 parts of sand. Water content in the mortar mix shall be the amount required to obtain workable plastic mortar. Mixture shall be mixed for a minimum period of three minutes in a drum type batch mixer and used within one hour after mixing. Mortar not used,within that time shall be discarded(retempering will not be permitted). The mortar boxes will be cleaned at the end of each day's work. Cement for mortar shall conform to ASTM C 150,Type I or Type III hydraulic cement. Masonry cement, when used, shall conform to ASTM C91, Type N. Sand for mortar shall be free of deleterious or organic matter and shall conform to the grading requirements for Fine Aggregate, Section 421.2.E.2. Mixing water for mortar shall conform to the requirements of Item 421, "Hydraulic Cement Concrete",Section 421.2.D. Hydrated lime for mortar shall conform to ASTM C-207,Type S. The color of mortar shall match the color of the cast stone to the satisfaction of the Architect. For cleaning use ProSoCo Products, Inc., Sure Clean#600, or equal approved by Architect. Use water clean and free of deleterious acids, alkalies or organic material. Storage and Handling: Deliver and store materials on site in sufficient quantity to complete all cast stone work in project. All cast stone shall be produced by one manufacturer and shall come from the same plant. All units are subject to inspection and rejection by the Architect for defects such as excessive cracks,chipped corners and edges, or irregular faces or sizes. Deliver no materials which are not fully cured. Cast stone shall reach its full 28-day compressive strength before being delivered to site. Handle materials in a manner to prevent breakage and chipping. Store material on platforms raised off the ground and protect materials with stain proof tarpaulin covers. Protect material after setting from damage from other trades. Construction: Lay no cast stone when the temperature of the air is 40°F or less,or will fall below 40°F within 24 hours after laying. Do not build on frozen work. Provide, install, and maintain all scaffolding, staging and forms of protection necessary for the execution of the work. These should be substantially constructed,maintained,moved and dismantled as required to follow the sequence of operation properly. Provide and install all shores and centering for the work,constructed true to required shape,size and form. Shores and centering should be well braced and rigid in all parts and capable of supporting and sustaining the loads to which subjected. Leave all shores and centering in place until the masonry has sufficiently set to carry its own weight and the added loads of construction safely. Examine surfaces to receive masonry and report any discrepancies before commencing work. Accept no former measurements,but lay work according to dimensions on the Plans. Consult other trades in advance and make provisions for installation of their work to avoid unnecessary removal and reinstallation of masonry. Verify that anchorages embedded in concrete or attached to structural steel members are properly placed. All stones shall be shop cut and drilled by stone manufacturer prior to delivery to site. Field cutting only permitted at base of concrete pedestals at large signage wall. Tolerances: Comply with Cast Stone Institute Technical Manual (current edition). Set stones 1/8 in. or j less,within plane of adjacent unit. Joints must be within+1/16 in.,-1/8 in. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-48-791 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 f Contractor's aggregate work force in each trade on all construction work in the covered urea, are as follows: Goals for minority Goals for female participation in participation in each trade (per- each trade (per- i 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 E ] 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 1 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 Coma] 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 Parmer 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 .0 Sabine 22.6 Yoakum 19.5 San Augustine 22.5 Young 11.0 San Jacinto 27.4 Zapata 49.4 j 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 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 Somervel l 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 J Upton 18.9 Uvalde 49.4 Val Verde 49.4 i 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 I 2004 Specifications l 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 j 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 J i 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 ti 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. s 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 r 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. I. 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 r 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 '1 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. i 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 i- the Secretary of Labor(41 CFR 60-13(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. L 1-1 000---009 04-04 j(yS t 2004 Specifications SPECIAL PROVISION 000---011 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 4 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 http://www.txdot.gov/. 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 11`h Street Austin,Texas 78704 Austin TX 78701-2483 (512)416-2187 i 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 f Construction Division Cedar Park Campus,Bldg.51 i 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---011 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 11`h 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 11`h Street (512)416-3093 Austin,TX 78701 Traffic Operations Division Traffic Operations Division Texas Department of Texas Department of Transportation Transportation Traffic Operations Division Traffic Operations Division 125 E 11'h 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`h 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 11`h 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 1 Ph Street Cedar Park Campus,Bldg.51 Austin TX 78701 9500 Lake Creek Parkway Austin,TX 78717 512-506-5100 2-2 000---011 09-13 2004 Specifications Federal-Aid Projects Only SPECIAL PROVISION 000--1483 Notice of Changes es to g 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 i t . 2004 Specifications SPECIAL PROVISION ' 000--1966 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 y 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 °1 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, L 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. r` 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. r 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 A regular dealer in such bulls 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 10th 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--1966 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. 11th Street, Austin, Texas 78701-2483. L The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.1a, 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 http://www.dot.state.tx.us/business/tucp/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 l.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--1966 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 (l.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-parry 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 1 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." c. 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 i 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 k 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 F Progress Report" and submitted to the Area Engineer each month and at project i completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.A.5, "Determination of DBE Participation." IThe 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. I 1-11 000--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. F 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. i ! 2-2 000--2329 08-11 2004 Specifications SPECIAL PROVISION 000--2332 Schedule of Liquidated Damages Dollar Amount of Daily For Dollar Amount of Original Contract Contract Administration Liquidated From More Than To and Including Damages per Working Day 0 100,000 570 100,000 500,000 590 500,000 1,000,000 610 1,000,000 1,500,000 685 1,500,000 3,000,000 785 3,000,000 5,000,000 970 5,000,000 10,000,000 1125 10,000,000 20,000,000 1285 20,000,000 Over 20,000,000 2590 l I I 1-1 000--2332 08-11 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. 6 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 I 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 Dupal ii lc it will Trot 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 ubmitted Bids. Submit a signed written request to the Letting Official. The Y g q 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 party 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 003---033 Award and Execution of Contract For this project, Item 003, "Award and Execution of Contract," of the Standard Specifications, is amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed. Article 3.4. Execution of Contract, Section B,Bonds. The first paragraph is supplemented by the following: Sample versions of the standard performance and payment bonds may be viewed on the department's Internet site at: http://www.txdot.gov/inside-txdot/forms-publications/consultants-contractors/forms/contractors.htm 1 l 1-1 003---033 07-09 t 2004 Specifications SPECIAL PROVISION 004---017 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 Ad'ustment Factors % of Original Quantity Factor >50 and<75 1.05 >25 and<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 I year after expiration of the warranty period. l t 3-3 004---017 04-10 1 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 ftp://ftp.dot.state.tx.us/pub/txdot-info/librarL/pubs/bus/bridge/e submit guide.pdf 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. i t 1-1 005---004 10-06 2004 Specifications SPECIAL PROVISION 006---030 Control of Materials For this project, Item, Item 006, "Control of Materials,"of the Standard Specifications is amended hereby with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 6.9.Recycled Materials is voided and replaced by the following: The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling. Use nonhazardous recyclable materials (NRMs) only if the Specification for the Item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines,"and furnish all documentation required by that Specification. Article 6.10.Hazardous Materials is voided and replaced by the following: Use materials that are free of hazardous materials as defined in Item 1, "Definition of Terms." 1 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. Except in the case of Section 6.10.A.La, "Cleaning and Painting Steel" below,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 as indicated below. The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Department, except in the case of Section 6.10.A.La. 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. A. Painted Steel Requirements. As shown on the plans, existing paint on steel may contain hazardous materials. Perform work in accordance with the following: 1. Removing Paint from Steel. 1-2 006---030 01-07 a. Cleaning and Painting Steel.For contracts that are primarily for painting existing steel, perform the work in accordance with Item 446, "Cleaning and Painting Steel." b. Other Contracts.For all other projects when an existing paint must be removed to perform other work,perform paint removal work in accordance with Item 446, "Cleaning and Painting Steel" unless the paint is shown or determined to contain hazardous materials. If the paint is shown or determined to contain hazardous materials,the Department will provide for a separate contractor to remove paint prior to or during the Contract to allow dismantling of the steel for the Contractor's salvaging, reuse, or recycling or where paint must be removed to perform other work. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw-cutting methods to remove steel elements coated with paint containing hazardous materials,the plans will show stripping locations. Coordinate with the separate contractor for stripping work to be performed during the Contract. 2. Removal and Disposal of Painted Steel. For Contracts where painted steel is to be removed and disposed of by the Contractor, painted steel may be reused or disposed of at a steel recycling or smelting facility. If the paint is shown or determined to contain hazardous materials, maintain and make available to the Engineer invoices and other records showing the reuse owner or for recycling, records obtained from the recycling or smelting facility showing the received weight of the steel and the facility name. Painted steel to be retained by the Department will be shown on the plans. B. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM)have been found.At these locations or at locations where previously unknown ACM has been found,the Department will arrange for abatement by a separate contractor during the Contract.For work at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Department sufficient time to abate the asbestos. When the work by a separate contractor for removal of paint or asbestos abatement is to be performed during the Contract, provide traffic control as shown on the plans and coordinate and cooperate with the separate contractor. Continue other work detailed in the plans not directly involved in the paint removal or asbestos abatement work. Coordinate with the Department the timing of the separate contractor's work in advance in order to allow the Department to schedule work with the separate contractor. Work for the traffic control and other work will not be paid for directly but will be subsidiary to pertinent Items. 2-2 006---030 O1-07 2004 Specifications r 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 Workers' Compensation Not Less Than: Statutory 11 Risk Builder's Risk Insurance 100%of Contract Price (j For building-facilities contracts only) t 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-I1 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 i 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. iArticle 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 11-11 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. I 1-1 008---119 06-10 2004 Specifications SPECIAL PROVISION 009---009 1 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 A,Retainage is voided and replaced by the following: A. Retainage. Retainage will not be withheld on this project. 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 q p 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, approved, and paid by the Department. 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---009 04-06 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. i 1-1 009---015 12-07 2004 Specifications SPECIAL PROVISION 100---002 Preparing Right of Way For this project,Item 100, "Preparing Right of Way,"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 100.4. Payment.The second paragraph is voided and replaced by the following: Total payment of this Item will not exceed 10% of the original contract amount until final acceptance. The remainder will be paid on the estimate after the final acceptance under Article 5.8, "Final Acceptance." I 1-1 100---002 10-07 2004 Specifications CSJ 3136-01-172, etc. & 3136-01-174 SPECIAL PROVISION TO SPECIAL SPECIFICATION 1018--001 Tree Protection For this project, Special Specification 1018, "Tree Protection", is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. 3. Measurement is voided and replaced by the following: This Item will be measured by each tree protected (tree planking), or by the linear foot of tree protection fence (tree protection) installed. ' 4. Payment is voided and replaced by the following: 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"Tree Protection"or"Tree Planking." This price is full compensation for furnishing all materials, equipment, labor, and incidentals. 1-1 1018--001 04-14 2004 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 1122--001 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 3.C. Training is supplemented by the following: The Environmental Management System (EMS) eLearning Courses and Department's EMS Policy Statement can be found at http://txdot.gov/business/ems_courses.htm. The following training has been developed in compliance with the Department's EMS program. All Contractor and subcontractor employee's involved in the earthwork activities, small or large structures, storm water control measures, and seeding activities must complete the following training located at to https://www.txdot.gov/inside-txdot/division/environmental/programs/ems- courses.html. Training is provided by the Department at no cost to the Contractor and is valid for 3 years from the date of completion. The Engineer may require training at a frequency less than 3 years based on environmental needs. • "Environmental Management System:Awareness Training for the Contractor(English and Spanish) (Approximate running time 20 minutes),"and • "Storm Water:Environmental Requirements During Construction (English and Spanish) (Approximate running time 20 minutes)." The CRPe, alternate CRPe designated for emergencies, Contractor's superintendent, and Contractor and subcontractor lead personnel involved in SWP3 activities must enroll and complete the training located at http://www.dedtraining.com/. Training is provided by a third party and is valid for 3 years from the date shown on the Certificate of Completion. Coordinate enrollment through the third party and pay associated fees for the following training: • "Revegetation During Construction," • "Construction General Permit Compliance," and • "Construction Stage Gate Checklist(CSGC)." Training and associated fees will not be measured or paid for directly but are considered subsidiary to this Item. 1122--001 08-12 2004 Specifications SPECIAL PROVISION 169---002 Soil Retention Blankets For this project, Item 169, "Soil Retention Blankets,"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 169.2 Materials.The first sentence is voided and replaced by the following: Provide only SRB that meet the requirements of DMS-6370 and are on the Approved Products List, "Erosion Control Approved Products." f Article 169.2. Materials, Section B. Class 2—Flexible Channel Liners is voided and i{ replaced with the following: 1. Type E. Biodegradable materials with shear stress less than 2.0 lbs.per square foot, 2. Type F. Biodegradable materials with shear stress less than 4.0 lbs.per square foot, 3. Type G. Non-biodegradable materials with shear stress less than 6.0 lbs. per square foot, 4. Type H. Non-biodegradable materials with shear stress less than 8.0 lbs. per square foot. Article 169.3. Construction is voided and replaced by the following: Provide a copy of the manufacturer's installation instructions to the Engineer prior to placement of the material. Place the SRB within 24 hr. after the seeding or sodding operation, or when directed. Installation and anchorage of the SRB shall be in strict accordance with the recommendations contained within the manufacturer's published literature. Installation includes the repair of ruts, reseeding or resodding, and the removal of rocks, clods, and other foreign materials which may prevent contact of the blanket with the soil. 1-1 169---002 05-09 2004 Specifications SPECIAL PROVISION 247---033 Flexible Base For this project, Item 247, "Flexible Base,"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 247.2. Materials, Section A.Aggregate, Table 1.Material Requirements is replaced by the following: Table 1 Material Requirements Property Test Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Method Master gradation sieve size (cumulative% retained) 2-1/2 in. — 0 0 0 1-3/4 in. Tex-110-E 0 0-10 0-10 0-5 7/8 in. 10-35 — — As shown on 10-35 q 3/8 in. 30-50 — — the plans 35-65 No.4 45-65 45-75 45-75 45-75 No.40 70-85 60-85 50-85 70-90 1 Liquid Limit, As shown on i %max. Tex-104-E 35 40 40 35 the plans Plasticity Index, As shown on max.' Tex-106-E 10 12 12 the plans 10 l Plasticity index,min. As shown on the plans Wet ball mill, 40 45 _ As shown on 40 %max. the plans Wet ball mill,%max. Tex-116-E increase passing the 20 20 As shown on 20 No.40 sieve the plans When When Classification,max.3 Tex-1 17-E shown on shown on _ As shown plan on - the plans the plans Min.compressive strength,psi lateral pressure 0 psi Tex-117-E 45 35 _ As shown on — lateral pressure 3 psi _ _ the plans 90 lateral pressure 15 psi 1 175 1 175 — 175 1.Determine the plastic index in accordance with Tex-107-E(linear shrinkage)when liquid limit is unattainable as defined in Tex-104-E. 2.When a soundness value is required by the plans,test material in accordance with Tex-411-A. 3.When Classification is required by the plans,a triaxial Classification of 1.0 or less for Grades 1 and 2.3 or less for Grade 2 is required. The Classification requirement for Grade 4 will be as shown on the plans. 1-2 247-033 03-09 Article 247.2. Materials, Section A. Aggregate, Section 3. Recycled Material, Section b. Recycled Material (Including Crushed Concrete) Requirements, Section (1), Contractor Furnished Recycled Materials is supplemented by the following: Provide recycled materials that have a maximum sulfate content of 3000 ppm when tested in accordance with Tex-145-E. Article 247.4. Construction, Section C. Compaction is supplemented by the following: Before final acceptance, the Engineer will select the locations of tests and measure the flexible base depth in accordance with Tex-140-E when Complete in Place measurement is specified. Correct areas deficient by more than 1/2 in. in thickness by scarifying, adding material as required, reshaping,recompacting, and refinishing at the Contractor's expense. Article 247.4. Construction, Section C. Compaction, Section 2. Density Control first paragraph is replaced by the following: Compact to at least 100%of the maximum dry density determined by Tex-113-E, unless otherwise shown on the plans. Maintain moisture during compaction at not less than 1 percentage point below the optimum moisture content determined by Tex-113-E. Determine the moisture content of the material in accordance with Tex-1.15-E or Tex-103-E during compaction daily and report the results the same day to the Engineer, unless otherwise shown on the plans or directed. 2-2 247-033 03-09 2004 Specifications SPECIAL PROVISION 360---003 Concrete Pavement For this project, Item 360, "Concrete Pavement,"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 360.3.Equipment, Section E. Curing Equipment. The third sentence is voided and replaced by the following: Provide curing equipment that is independent of all other equipment when required to meet the requirements of Article 360.4.I, "Curing." Article 360.4. Construction,Section H. Spreading and Finishing, Section 2. Maintenance of Surface Moisture. The first and second sentences are voided and replaced by the following: Prevent surface drying of the pavement before application of the curing system by means that may include water fogging, the use of wind screens and the use of evaporation retardants. 1 Article 360. 4. Construction, Section I. Curing. The first sentence is voided and replaced by the following: Keep the concrete pavement surface from drying as described in Section 360.4.H.2, "Maintenance of Surface Moisture,"until the curing material has been applied. Article 360. 4. Construction, Section I. Curing, Section 1.Membrane Curing. The first ( ' paragraph is voided and replaced by the following: I Spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of not more than 180 sq. ft.per gallon. Do not allow the concrete surface to dry before applying the curing compound. Use a towel or absorptive fabric to remove any standing pools of bleed water that may be present on the surface before applying the curing compound. Apply the first coat within 10 min. after completing texturing operations. Apply the second coat within 30 min. after completing texturing operations. 1-1 360---003 01-06 2004 Specifications SPECIAL PROVISION 420---002 Concrete Structures For this project, Item 420, "Concrete Structures," 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 420.4. Construction, Section I, "Finish of Bridge Slabs". The tenth paragraph is supplemented with the following: For bridge approach slabs the carpet drag, burlap drag, or broom finish may be applied either longitudinally or transversely. Article 420.4. Construction, Section I, "Finish of Bridge Slabs". The first sentence of the fourteenth paragraph is voided and replaced by the following: Unless noted otherwise, saw-cut grooves in the hardened concrete of bridge slabs, bridge approach slabs, and direct-traffic culverts to produce the final texturing after completion of the required curing period. Article 420.4. Construction, Section I, "Finish of Bridge Slabs". The fourteenth paragraph is amended by the following: When saw-cut grooves are not required in the plans,provide either a carpet drag or broom finish for micro-texture. In this case insure that an adequate and consistent micro-texture is achieved by applying sufficient weight to the carpet and keeping the carpet or broom from getting plugged with grout.For surfaces that do not have adequate texture, the Engineer may require corrective action including diamond grinding or shot blasting. Article 420.4. Construction, Section J. Curing Concrete. The first sentence of the fourth paragraph is voided and replaced by the following: For upper surfaces of bridge slabs, bridge approach slabs, median and sidewalk slabs, and culvert top slabs constructed using Class S concrete, apply interim curing using a Type 1-D curing compound before the water sheen disappears but no more than 45 minutes after application of the evaporation retardant. Do not allow the concrete surface to dry before applying the interim cure, and do not place the interim cure over standing water. 1-2 420---002 09-05 Article 420.6 Payment. The pay adjustment formula given in the sixth bullet of the fourth paragraph is voided and replaced by the following: A=Bp[-5.37(Sa/Ss)2+ 11.69(Sa/Ss)—5.32] Where: A =Amount to be paid Sa=Actual strength from cylinders or cores Ss= Specified design strength Bp=Unit bid price 2-2 420---002 09-05 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 I% 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 I%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. f 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 I 1-1 502---033 10-07 2004 Specifications SPECIAL PROVISION 636---014 Aluminum Signs For this project,Item 636 "Aluminum Signs,"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 636.1.Description is voided and replaced by the following: •Installation.Furnish, fabricate, and erect signs. Sign supports are provided for under other Items. •Replacement.Replace existing signs on existing sign supports. •Refurbishing. Refurbish existing signs on existing sign supports. Article 636.2. Materials, Section A. Sign Blanks is voided and replaced by the following: A. Sign Blanks.Furnish sign blank substrates in accordance with DMS-7110, "Aluminum Sign Blanks"or DMS-8305, "Fiberglass Sign Substrate," and in accordance with the types shown on the plans. Use single-piece sheet-aluminum substrates for Type A(small) signs. Use either extruded aluminum or fiberglass substrates for Type G (ground-mounted) or Type O (overhead-mounted) signs as shown on the plans. Article 636.2.Materials, Section B. Sign Face Reflectorization is supplemented by the following: [ Ensure that sign legend, symbols, borders, and background exhibit uniform color, appearance, and retroreflectivity when viewed both day and night. Article 636.2.Materials, Section C. Sign Messages. The last two bullets are voided and replaced by the following: •Fabricate non-reflective black film legend from materials meeting DMS-8300. •Furnish direct-applied route markers and other attachments within the parent sign face, unless otherwise specified in the plans. Article 636.2. Materials, Section D. Hardware is supplemented by the following: Furnish sign hardware for fiberglass signs in accordance with the fiberglass substrate manufacturer's recommendations. Article 636.3. Construction,Section A. Fabrication,Part 1. Sign Blanks.The first paragraph is voided and replaced by the following: 1-3 636---014 10-08 Furnish sign blanks to the sizes and shapes shown on the plans and that are free of buckles, warps, burrs, dents, cockles, or other defects. Do not splice individual extruded aluminum or fiberglass panels. Article 636.3. Construction, Section A. Fabrication,Part 2. Sheeting Application is voided and replaced by the following: 2. Sheeting Application.Apply sheeting to sign blanks in conformance with the sheeting manufacturer's recommended procedures. Meet the fabrication requirements of DMS-8300, Section 8300.7.F, "Sign Fabrication" for white, orientation non-compliant sheeting listed on the Department's Material Producer List entitled "Sign Face Materials."Clean and prepare the outside surface of extruded aluminum or fiberglass flanges in the same manner as the sign panel face. Minimize the number of splices in the sheeting. Overlap the lap-splices by at least 1/4 in. Use butt splices for Type C microprismatic, Type D, and Type E reflective sheeting.Provide a 1-ft. minimum dimension for any piece of sheeting.Do not splice sheeting for signs fabricated with transparent screen inks or colored transparent films. Article 636.3. Construction, Section A. Fabrication,Part 3. Sign Assembly. The first paragraph is voided and replaced by the following: 3. Sign Assembly.Assemble extruded aluminum signs in accordance with the details shown on the plans.Assemble fiberglass signs in accordance with the fiberglass manufacturer's recommendations located on the Department's Material Producer List entitled "Fiberglass Sign Substrates." Sign face surface variation must not exceed 1/8 in.per foot. Surface misalignment between panels in multi-panel signs must not exceed 1/16 in. at any point. Article 636.3. Construction, Section B. Storage and Handling.The last paragraph is voided and replaced by the following: Store all finished signs off the ground and in a vertical position until erected. Store finished sheet-aluminum substrate signs in a weatherproof building.Extruded aluminum and fiberglass substrate signs may be stored outside. Article 636.3. Construction, Section E. Replacement is supplemented by the following: Mounting hardware for fiberglass signs will be per the fiberglass substrate manufacturer's recommendations. 2-3 636---014 10-08 Article 636.3. Construction, Section H.Documentation is added. H. Documentation. Provide a notarized original of the Signing Material Statement(Form 2273) with the proper attachments for verification of compliance. Article 636.5. Payment.The first paragraph is voided and replaced by the following: 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"Aluminum Signs," "Fiberglass Signs," "Signs,""Replacing Existing Aluminum Signs,""Replacing Existing Fiberglass Signs,""Refurbishing Aluminum Signs," or"Refurbishing Fiberglass Signs," of the type specified. Article 636.5.Payment,Section B. Replacement is voided and replaced by the following: B. Replacement.This price is full compensation for: furnishing and installing new aluminum or fiberglass signs and hardware; removal of existing signs; fabrication of sign panels;treatment of sign panels required before application of the background materials; application of the background materials and messages to the sign panels; furnishing and fabricating frames, wind beams, stiffeners, or required joint backing strips; furnishing bolts, rivets, screws, fasteners, clamps, brackets, and sign support connections; assembling and erecting the signs; preparing and cleaning the signs; salvaging and disposing of unsalvageable material; and equipment, materials, labor,tools, and incidentals. 3-3 636---014 10-08 2004 Specifications SPECIAL PROVISION 672---034 Raised Pavement Markers For this project, Item 672, "Raised Pavement Markers,"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 672.2.Materials, Section B.Adhesives is supplemented by the following: The Contractor may propose alternate adhesive materials for consideration and approval by the Engineer. Article 672.3. Construction. The sixth paragraph is voided and replaced by the following: Use the following adhesive materials for placement jiggle bar tile, reflectorized pavement markers, and traffic buttons unless otherwise shown on the plans: • standard or flexible bituminous adhesive for applications on bituminous pavements. • epoxy adhesive or flexible bituminous adhesive for applications on hydraulic cement concrete pavements. Use epoxy adhesive for plowable reflectorized pavement markers. Article 672.3. Construction is supplemented by the following: Provide a 30-day performance period that begins the day following written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. This written acceptance does not constitute final acceptance. Replace all missing, broken or non-reflective RPMs. Visual evaluations will be used for these determinations. Upon request, the Engineer will allow a Contractor representative to accompany the Engineer on these evaluations. The Engineer may exclude RPMs from the replacement provisions of the performance, provided the Engineer determines that the failure is a result of causes other than defective material or inadequate installation procedures. Examples of outside causes are extreme wear at intersections, damage by snow or ice removal, and pavement failure. Replace all missing or non-reflective RPMs identified during the performance period within 30 days after notification. The end of the performance period does not relieve the Contractor from the performance deficiencies requiring corrective action identified during the performance period. 1-3 672---034 08-08 Article 672.5. Payment is supplemented by the following: No additional payment will be made for replacement of RPMs failing to meet the performance requirements. 2-3 672---034 08-08 RPMs INSTALLATION RECORD The 30 day performance period begins the day after written acceptance for each separate location. The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. COUNTY CONTROL LIMITS FROM MONTHNR HIGHWAY - PROJECT LIMITS TO OF INSTALLATION t I Contractor signature Date Department signature Date 3-3 672---034 08-08 2004 Specifications SPECIAL SPECIFICATION 1012 Transplant Plant Material 1. Description. Transplant plant material as shown on the plans or as directed. Plant material includes trees, shrubs, palms, and grasses. 2. Materials and Construction Methods. Furnish materials and use construction methods in accordance with the plans. 3. Measurement. This Item will be measured by the each. 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 "Transplant Plant Material"or"Transplant Plant Material" of type specified. This price is full compensation for furnishing all materials, equipment, labor, and incidentals. r 1-1 1012 12-04 2004 Specifications SPECIAL SPECIFICATION 1014 Landscape Amenity 1. Description. Install landscape amenity as shown on the plans or as directed. 2. Materials and Construction Methods. Furnish materials and use construction methods in accordance with the plans. 3. Measurement. This Item will be measured by the each. 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 "Landscape Amenity" or"Landscape Amenity" of type specified. This price is full 1 compensation for furnishing all materials, equipment, labor, and incidentals. r i ' i 1-1 1014 12-04 2004 Specifications SPECIAL SPECIFICATION 1018 Tree Protection 1. Description. Install tree protection as shown on the plans or as directed. 1 2. Materials and Construction Methods. Furnish materials and use construction methods in accordance with the plans. 3. Measurement. This Item will be measured by the acres of trees protected or by each tree protected. 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 "Tree Protection." This price is full compensation for furnishing all materials, equipment, labor, and incidentals. 1-1 1018 01-05 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.gov/inside-txdot/division/environmental/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: f 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 t 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. r 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 t 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, "Rpprap,"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. I( 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. r 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"Earthworle 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. 1 ' 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 f 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 con; cuments as being the responsibility of the Contractor.I have read and understand the Storm W `olluti n Prevention Plan (SWP3)developed by the Department for this project.The Contractor agre will be im lemented prior to construction according to permit requirements and the contract docume S. derstand t failure to comply with the terms of the permit that are expressly stated in the contra cum lans, and specifications as being the responsibility of the Contractor •ay result in ci es. The Contractor acknowledges its responsibility to satisfy t ing requirements: • Implement the SWP3 for the project in ac ce e pl a. d specificati an PDES GP TXR150000. • Install and maintain control meal R •. on th ;ect k X ccordanc th t < nufacturer's or designer's specifications. • Collaborate with the Department for T nitorin est managem practices (BMPs) on a regular basis to veri at BMPs are =e , . 'ng as 1 ed in accordance with the plans and specifications and GP' 00 • Collaborate with the Dep a : oint ,enti i of l : maintenance needs and carry out such mai nance in accorda wi 1 and rations, TPDES GP TXR150000 and as directed b ngineer. ( • Repair the int-, BMP as di ted by the ngineer as soon as reasonably possible. propriate, r mine es need the SWP3 to the Engineer in order to prevent, to the exte racticable,. at o l _ so. ed with construction activities from entering any surface ( water or private pro on or adj o the project site by storm water discharges. • bed are as soon as practicable, in accordance with the TPDES GP TXR150000 and ngm • If applicable, ob .,, ap ropriate authorizations for activities associated with any Project Specific Location under th- :uthority of the Contractor and provide appropriate documentation of compliance to the En Satisfy any o er 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 SPECIAL SPECIFICATION 3267 Dense-Graded Hot-Mix Asphalt (Small Quantity) 1. Description. Construct a hot-mix asphalt(HMA)pavement layer composed of a compacted, dense-graded mixture of aggregate and asphalt binder mixed hot in a mixing plant. This specification is intended for small quantity(SQ)HMA projects, typically under 5,000 tons total production. 2. Materials. Furnish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of all material sources. Notify the Engineer before changing any material source or formulation. When the Contractor makes a source or formulation change, the Engineer will verify that the specification requirements are met and may require a new laboratory mixture design,trial batch, or both. The Engineer may sample and test project materials at any time during the project to verify specification compliance in accordance with Item 6, "Control of Materials." A. Aggregate.Furnish aggregates from sources that conform to the requirements shown in Table 1 and as specified in this Section.Aggregate requirements in this Section, including those shown in Table 1, may be modified or eliminated when shown on the plans.Additional aggregate requirements may be specified when shown on the plans. Provide aggregate stockpiles that meet the definitions in this Section for coarse, intermediate, or fine aggregate.Aggregate from reclaimed asphalt pavement(RAP) is not required to meet Table 1 requirements unless otherwise shown on the plans. Supply aggregates that meet the definitions in Tex-100-E for crushed gravel or crushed stone. The Engineer will designate the plant or the quarry as the sampling location. Samples must be from materials produced for the project. The Engineer will establish the surface i aggregate classification (SAC) and perform Los Angeles abrasion, magnesium sulfate ( soundness, and Micro-Deval tests. Perform all other aggregate quality tests listed in Table 1.Document all test results on the mixture design report. The Engineer may I perform tests on independent or split samples to verify Contractor test results. Stockpile aggregates for each source and type separately. Determine aggregate gradations for mixture design and production testing based on the washed sieve analysis given in Tex-200-F, Part II. 1. Coarse Aggregate. Coarse aggregate stockpiles must have no more than 20% material passing the No. 8 sieve.Aggregate from sources listed in the Department's Bituminous Rated Source Quality Catalog (BRSQC) located at http://www.txdot.gov/business/resources/producer-list.html are preapproved for use. 1-21 3267 12-12 For sources not listed on the Department's BRSQC: • build an individual stockpile for each material; • request the Department test the stockpile for specification compliance; and • once approved, do not add material to the stockpile unless otherwise approved. Use only the rated values for hot mix listed in the BRSQC. Rated values for surface treatment(ST) do not apply to coarse aggregate sources used in hot mix. Provide aggregate from non-listed sources only when tested by the Engineer and approved before use. Allow 30 calendar days for the Engineer to sample, test, and report results for non-listed sources. Provide coarse aggregate with at least the minimum SAC as shown on the plans. SAC requirements apply only to aggregates used on the surface of travel lanes. SAC requirements apply to aggregates used on surfaces other than travel lanes when shown on the plans. The SAC for sources on the Department's Aggregate Quality Monitoring Program (AQMP) is listed in the BRSQC. a. Blending Class A and Class B Aggregates. Class B aggregate meeting all other requirements in Table 1 may be blended with a Class A aggregate in order to meet requirements for Class A materials. When blending Class A and B aggregates to meet a Class A requirement, ensure that at least 50%by weight of the material retained on the No. 4 sieve comes from the Class A aggregate source. Blend by volume if the bulk specific gravities of the Class A and B aggregates differ by more than 0.300.For blending purposes, coarse aggregate from RAP and Recycled Asphalt Shingles (RAS)will be considered as Class B aggregate. When the Contractor blends Class A and B aggregates to meet a Class A requirement, the Engineer may perform tests at any time during production to ensure that at least 50%by weight of the material retained on the No. 4 sieve comes from the Class A aggregate source. In such cases where the Engineer elects to verify conformance,the Engineer will use the Department's mix design Excel template to calculate the percent of Class A aggregate retained on the No. 4 sieve by inputting the bin percentages shown from readouts in the control room at the time of production and stockpile gradations measured at the time of production. The Engineer may determine the gradations based on either washed or dry sieve analysis from samples obtained from individual aggregate cold feed bins or aggregate stockpiles. The Engineer may perform spot checks using the gradations supplied by the Contractor on the mixture design report as an input for the Excel template; however, a failing spot check will require confirmation with a stockpile gradation determined by the Engineer. 2. Intermediate Aggregate.Aggregates not meeting the definition of coarse or fine aggregate will be defined as intermediate aggregate. When used, supply intermediate aggregates that are free from organic impurities. 2-21 3267 12-12 The Engineer may test the intermediate aggregate in accordance with Tex-408-A to verify the material is free from organic impurities. When used, supply intermediate aggregate from coarse aggregate sources that meet the requirements shown in Table 1 unless otherwise approved. If 10%or more of the stockpile is retained on the No. 4 sieve, test the stockpile and verify that it meets the requirements in Table 1 for coarse aggregate angularity (Tex-460-A) and flat and elongated particles(Tex-280-F). 3. Fine Aggregate.Fine aggregates consist of manufactured sands, screenings, and field sands.Fine aggregate stockpiles must meet the gradation requirements in Table 2. Supply fine aggregates that are free from organic impurities. The Engineer may test the fine aggregate in accordance with Tex-408-A to verify the material is free from organic impurities.At most 15%of the total aggregate may be field sand or other uncrushed fine aggregate. With the exception of field sand, use fine aggregate from coarse aggregate sources that meet the requirements shown in Table 1 unless otherwise approved. If 10%or more of the stockpile is retained on the No. 4 sieve,test the stockpile and verify that it meets the requirements in Table 1 for coarse aggregate angularity (Tex-460-A) and flat and elongated particles (Tex-280-F). Table 1 Aggregate Quali Requirements Property Test Method Requirement Coarse Aggreg ate SAC AQMP As shown on plans Deleterious material,%,max Tex-217-F,Part I 1.5 Decantation,%,max Tex-217-F,Part II 1.5 Micro-Deval abrasion,%,max Tex-461-A Note 1 Los Angeles abrasion,%,max Tex-410-A 40 Ma esium sulfate soundness,5 cycles,%,max Tex-411-A 30 Coarse aggregate angularity,2 crushed faces,%,min Tex-460-A,Part I 85 Flat and elongated particles @ 5:1,%,max Tex-280-F 10 Fine Aggregate Linear shrinkage,%,max I Tex-107-E 3 Combined Aggregate3 Sand equivalent,%,min I Tex-203-F 45 1.Not used for acceptance purposes.Optional test used by the Engineer as an indicator of the need for further investigation 2.Only applies to crushed gravel. 3.Aggregates,without mineral filler,RAP,RAS,or additives,combined as used in the job-mix formula(7MF). Table 2 Gradation Re uirements for Fine Aggregate Sieve Size %Passing by Weight or Volume 3/8" 100 #8 70-100 #200 0-30 B. Mineral Filler. Mineral filler consists of finely divided mineral matter, such as agricultural lime, crusher fines, hydrated lime, or fly ash.Mineral filler is allowed unless otherwise shown on the plans. 3-21 3267 12-12 Do not use more than 2%mineral hydrated lime unless otherwise shown on the plans. If a substitute binder is used, do not use more than 1%hydrated lime unless otherwise shown on the plans or allowed by the Engineer. Test all mineral fillers except hydrated lime and fly ash in accordance with Tex-107-E to ensure specification compliance. The plans may require or disallow specific mineral fillers. When used,provide mineral filler that: • is sufficiently dry, free-flowing, and free from clumps and foreign matter; • does not exceed 3% linear shrinkage when tested in accordance with Tex-107-E; and • meets the gradation requirements in Table 3. Table 3 Gradation Re uirements for Mineral Filler Sieve Size %Passing by Weight or Volume #8 100 #200 55-100 C. Baghouse Fines. Fines collected by the baghouse or other dust-collecting equipment may be reintroduced into the mixing drum. D. Asphalt Binder.Furnish the type and grade of performance-graded (PG) asphalt specified on the plans. E. Tack Coat.Furnish CSS-1H, SS-1H, or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300, "Asphalts, Oils, and Emulsions." Specialized or preferred tack coat materials may be allowed by the Engineer or required when shown on the plans. Do not dilute emulsified asphalts at the terminal, in the field, or at any other location before use. The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C, Part I11, and test it to verify compliance with Item 300. The Engineer will obtain the sample from the asphalt distributor immediately before use. r F. Additives.Use the type and rate of additive specified when shown on the plans. Other (I additives that facilitate mixing, compaction, or improve the quality of the mixture may be allowed when approved. Provide the Engineer with documentation such as the bill of lading showing the quantity of additives used in the project unless otherwise directed. 1. Lime and Liquid Antistripping Agent. When lime or a liquid antistrippmg agent is used, add in accordance with Item 301, "Asphalt Antistripping Agents."Do not add lime directly into the mixing drum of any plant where lime is removed through the exhaust stream unless the plant has a baghouse or dust collection system that reintroduces the lime into the drum. 2. Warm Mix Asphalt(WMA). Warm Mix Asphalt(WMA)is defined as HMA that is produced within a target temperature discharge range of 215°F and 275°F using Department-approved WMA additives or processes. The Department's Material Producer List of WMA additives and processes is located at http://www.txdot.gov/business/resources/Troducer-list.htm]. 4-21 3267 12-12 WMA is allowed for use on all projects and is required when shown on plans. The maximum placement or target discharge temperature for WMA may be set at a value less than 275°F when shown on the plans. Department-approved WMA additives or processes may be used to facilitate mixing and compaction of HMA produced at target discharge temperatures greater than 275°F; however, such mixtures will not be defined as WMA. G. Recycled Materials. Use of RAP and RAS is permitted unless otherwise shown on the plans. Do not exceed the maximum allowable percentages of RAP and RAS shown in Table 4. The allowable percentages shown in Table 4 may be decreased or increased when shown on the plans.Determine asphalt content and gradation of the RAP and RAS stockpiles for mixture design purposes in accordance with Tex-236-F. The Engineer may verify the asphalt content of the stockpiles at any time during production. Perform other tests on RAP and RAS when shown on the plans. Asphalt binder from RAP and RAS is designated as recycled asphalt binder. When RAP or RAS is used, calculate and ensure that the ratio of the recycled asphalt binder to total binder does not exceed the percentages shown in Table 5 during mixture design and IR A production. During HNIA production, use a separate cold feed bin for each stockpile of RAP and RAS. Surface, intermediate, and base mixes referenced in Tables 4 and 5 are defined as follows: • "Surface"mixes are the final lift or riding surface of the pavement structure; • Intermediate"mixes are non-surface mixtures placed less than or equal to 8 inches from the riding surface; and • "Base"mixes are non-surface mixtures placed greater than 8 inches from the riding surface. 1. RAP.RAP is salvaged,milled,pulverized, broken, or crushed asphalt pavement. Crush or break RAP so that 100% of the particles pass the 2 in. sieve. Use of Contractor-owned RAP including 1-IMA plant waste is permitted unless otherwise shown on the plans. Department-owned RAP stockpiles are available for the Contractor's use when the stockpile locations are shown on the plans. If Department-owned RAP is available for the Contractor's use,the Contractor may use Contractor-owned fractionated RAP and replace it with an equal quantity of Department-owned RAP. This allowance does not apply to a Contractor using unfractionated RAP.Department-owned RAP generated through required work on the Contract is available for the Contractor's use when shown on the plans. Perform any necessary tests to ensure Contractor-or Department-owned RAP is appropriate for use. The Department will not perform any tests or assume any liability for the quality of the Department-owned RAP unless otherwise shown on the plans. The Contractor will retain ownership of RAP generated on the project when shown on the plans. Fractionated RAP is defined as having two or more RAP stockpiles, divided into coarse and fine fractions. 5-21 3267 12-12 The coarse RAP stockpile will contain only material retained by processing over a 3/8 in. screen or 1/2 in. screen unless otherwise approved. The fine RAP stockpile will contain only material passing the 3/8 in. screen or 1/2 in. screen unless otherwise approved. The Engineer may allow the Contractor to use an alternate to the 3/8 in. screen or 1/2 in. screen to fractionate the RAP. The maximum percentages of fractionated RAP may be comprised of coarse or fine fractionated RAP or the combination of both coarse and fine fractionated RAP. Do not use Department- or Contractor-owned RAP contaminated with dirt or other objectionable materials.Do not use Department- or Contractor-owned RAP if the decantation value exceeds 5%and the plasticity index is greater than 8. Test the stockpiled RAP for decantation in accordance with Tex-406-A,Part I. Determine the plasticity index in accordance with Tex-106-E if the decantation value exceeds 5%. The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction or ignition. Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles. Remove unused Contractor-owned RAP material from the project site upon completion of the project.Return unused Department-owned RAP to the designated stockpile location. Table 4 Maximum Allowable Amounts of RAP' Maximum Allowable Maximum Allowable Fractionated RAPZ(%) Unfractionated RAP3(%) Surface Intermediate Base Surface Intermediate Base 20.0 30.0 40.0 10.0 10.0 10.0 1.Must also meet the recycled binder to total binder ratio shown in Table 5. ( 2.Up to 5%RAS may be used separately or as a replacement for fractionated RAP. Il 3.Unfractionated RAP may not be combined with fractionated RAP or RAS. 2. RAS. Use of post-manufactured RAS or post-consumer RAS (tear-offs) is permitted unless otherwise shown on the plans. Up to 5%RAS may be used separately or as a replacement for fractionated RAP in accordance with Table 4 and Table 5. RAS is defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re-roofing residential structures. Post-manufactured RAS is processed manufacturer's shingle scrap by-product.Post-consumer RAS is processed shingle scrap removed from residential structures. Comply with all regulatory requirements stipulated for RAS by the Texas Commission on Environmental Quality (TCEQ). RAS may be used separately or in conjunction with RAP. Process the RAS by ambient grinding or granulating such that 100%of the particles pass the 3/8 in. sieve when tested in accordance with Tex-200-F,Part I.Perform a sieve analysis on processed RAS material prior to extraction (or ignition) of the asphalt. Add sand meeting the requirements of Table 1 and Table 2 or fine RAP to RAS stockpiles if needed to keep the processed material workable. For any stockpile that contains RAS,the entire stockpile will be considered a RAS stockpile and be limited to no more than 5.0% of the HMA mixture in accordance with Table 4. 6-21 3267 12-12 Certify compliance of the RAS with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials (NRM) Guidelines."If the RAS has not come into contact with any hazardous materials,treat it as an established NRM. Use RAS from shingle sources on the Department's Material Producer List located at http://www.txdot.gov/business/resources/producer-list.html. Prior to use, remove substantially all materials that are not part of the shingle, such as wood,paper, metal, plastic, and felt paper.Determine the deleterious content of RAS material for mixture design purposes in accordance with Tex-217-F, Part III. Do not use RAS if deleterious materials are more than 0.5%of the stockpiled RAS unless otherwise approved. Submit a sample for approval to the Engineer prior to submitting the mixture design. The Department will perform the testing for deleterious material of RAS to determine specification compliance. H. Substitute Binders.Unless otherwise shown on the plans, the Contractor may use a substitute PG binder listed in Table 5 in lieu of the PG binder originally specified, if the substitute PG binder and mixture made with the substitute PG binder meet the following: • the substitute binder meets the specification requirements for the substitute binder grade in accordance with Section 300.2.J, "Performance-Graded Binders'; • the substitute binder has an un-aged dynamic shear value less than or equal to 2.00 kPa and an RTFO aged dynamic shear value less than or equal to 5.00 kPa at the PG test temperature; and • the mixture has less than 10.0 mm of rutting on the Hamburg Wheel test(Tex-242-F) after the number of passes required for the originally specified binder. Use of substitute PG binders may only be allowed at the discretion of the Engineer if the Hamburg Wheel test results are between 10.0 mm and 12.5 mm. 7-21 3267 12-12 Table 5 Allowable Substitute PG Binders and Maximum Recycled Binder Ratios Originally Maximum Ratio of Recycled Binder' Specified Allowable Substitute PG Binder to Total Binder(%) PG Binder Surface Intermediate Base HMA 70-22 or 64-22 20.0 20.0 20.0 76-222 70-28 or 64-28 30.0 35.0 40.0 64-22 20.0 20.0 20.0 70-222 64-28 or 58-28 30.0 35.0 40.0 64-222 58-28 30.0 35.0 40.0 70-28 or 64-28 20.0 20.0 20.0 76-282 64-34 30.0 35.0 40.0 64-28 or 58-28 20.0 20.0 20.0 70-282 64-34 or 58-34 30.0 35.0 40.0 58-28 20.0 20.0 20.0 64-282 58-34 30.0 35.0 40.0 WMA3 76-222 70-22 or 64-22 30.0 35.0 40.0 70-222 64-22 or 58-28 30.0 35.0 40.0 64-224 58-28 30.0 35.0 40.0 76-282 70-28 or 64-28 30.0 35.0 40.0 70-282 64-28 or 58-28 30.0 35.0 40.0 64-284 58-28 30.0 35.0 40.0 1.Combined recycled binder from RAP and RAS. 2.Use no more than 20.0%recycled binder when using this originally specified PG binder. 3.WMA as defined in Section 3267.2.F.2,"Warm Mix Asphalt(WMA)." 4.When used with WMA,this originally specified PG binder is allowed for use at the maximum recycled binder ratios shown in this table. 8-21 3267 12-12 3. Equipment. Provide required or necessary equipment in accordance with Item 320, "Equipment for Asphalt Concrete Pavement." 4. Construction. Produce, haul, place, and compact the specified paving mixture. In addition to tests required by the specification, Contractors may perform other QC tests as deemed necessary. At any time during the project,the Engineer may perform production and placement tests as deemed necessary in accordance with Item 5, "Control of the Work." On or before the first day of paving, schedule and participate in a pre-paving meeting with the Engineer unless otherwise directed. A. Certification.Personnel certified by the Hot Mix Asphalt Center Certification Program must conduct all mixture designs, sampling, and testing in accordance with Table 6. Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made.Provide a mixture design that is developed and signed by a Level 2 certified specialist. 9-21 3267 12-12 Table 6 Test Methods,Test Responsibility,and Minimum Certification Levels Test Descri tion I Test Method Contractor Engineer Level I.Aggre ate and Recycled Material Testing Sampling Tex-400-A ✓ ✓ IA Dry sieve Tex-200-F,Part I ✓ ✓ lA Washed sieve Tex-200-F,Part II ✓ ✓ IA Deleterious material Tex-217-F,Parts I&III ✓ ✓ IA Decantation Tex-217-F,Part II ✓ ✓ lA Los Angeles abrasion Tex-41 0-A ✓ Magnesium sulfate soundness Tex-411-A ✓ Micro-Deval abrasion Tex-461-A ✓ Coarse aggregate angularity Tex-460-A ✓ ✓ 2 Flat and elongated particles Tex-280-F ✓ ✓ 2 Linear shrinkage Tex-107-E ✓ ✓ 2 Sand equivalent Tex-203-F ✓ ✓ 2 Organic impurities Tex-408-A ✓ ✓ 2 2.As halt Binder& Tack Coat Sam lin Asphalt binder sampling Tex-500 7C,Part II 1 ✓ I ✓ IA/113 Tack coat sampling Tex-500-C,Part III I ✓ ✓ IA/1B 3.Mix Design& Verification Design and JMF changes Tex-204-F ✓ ✓ 2 Mixing Tex-205-F ✓ ✓ 2 Molding(TGC) Tex-206-F ✓ ✓ IA Molding SGC Tex-241-F ✓ ✓ IA Laboratory-molded density Tex-207-F ✓ ✓ IA VMA (calculation only) Tex-204-F ✓ ✓ 2 Rice gravity Tex-227-F ✓ ✓ lA Ignition oven correction factors Tex-236-17 ✓ ✓ 2 Indirect tensile strength Tex-226-F ✓ ✓ 2 Hamburg wheel test Tex-242-F ✓ ✓ 2 Boil test Tex-530-C ✓ ✓ IA 4.Production Testing Mixture sampling Tex-222-F ✓ ✓ IA Molding(TGC) Tex-206-F ✓ IA j Molding(SGC) Tex-241-F ✓ IA #! Laboratory-molded density Tex-207-F ✓ IA VMA1 calculation only) Tex-204-17 ✓ IA Rice gravity Tex-227-F ✓ lA Gradation&asphalt content2 Tex-236-F ✓ IA Moisture content Tex-212-17 ✓ IA Hamburg Wheel test Tex-242-F ✓ 2 Boil test Tex-530-C ✓ IA 5.Placement Testing Trimming roadway cores Tex-207-F ✓ ✓ IA/113 In-place air voids Tex-207-F ✓ IA/113 Establish rolling pattern Tex-207-F ✓ 1B Ride quality measurement Tex-1001-S ✓ ✓ Note 3 1.Voids in mineral aggregates. 2.Refer to Section 3267.4.I.3 for exceptions to using an ignition oven. 3.Profiler and operator are required to be certified at the Texas Transportation Institute facility when Surface Test Type B is specified. B. Reporting,Testing, and Responsibilities. Use Department-provided Excel templates to record and calculate all test data pertaining to the mixture design. The Engineer will use Department Excel templates for any production and placement testing. Obtain the latest version of the Excel templates at http://www.txdot.gov/inside-txdot/forms- publications/consultants-contractors/forms/site-mana eg r.html or from the Engineer. 10-21 3267 12-12 The maximum allowable time for the Engineer to exchange test data with the Contractor is as given in Table 7 unless otherwise determined. The Engineer will immediately report to the Contractor any test result that requires suspension of production or placement or that fails to meet the specification requirements. Subsequent mix placed after test results are available to the Contractor,which require suspension of operations, may be considered unauthorized work. Unauthorized work will be accepted or rejected at the discretion of the Engineer in accordance with Section 5.3, "Conformity with Plans, Specifications, and Special Provisions." Table 7 Reporting Schedule Reported Reported Description I By To To Be Reported Within Production Testing Gradation Asphalt content Laboratory-molded density VMA(calculation) Engineer Contractor 1 working day of completion Hamburg wheel test of the test Moisture content Boil test Binder tests Placement Testing In-place air voids Engineer Contractor 1 working day of completion of the test 1.2 days are allowed if cores cannot be dried to constant weight within I day. C. Mixture Design. 1. Design Requirements. The Contractor may elect to design the mixture using a Texas Gyratory Compactor(TGC) or a Superpave Gyratory Compactor(SGC) unless otherwise shown on the plans.Use the typical weight design example given in Tex-204-F, Part I, when using a TGC. Use the Superpave mixture design procedure given in Tex-204-F,Part IV, when using a SGC. Design the mixture to meet the requirements listed in Tables 1, 2, 3, 4, 5, 8, 9, and 10. a. Target Laboratory Molded Density When The TGC Is Used. Design the mixture at a 96.5%target laboratory-molded density or as noted in Table 9. The target laboratory-molded density may be increased in 0.5% increments, not to exceed 97.0%, at the Contractor's discretion. b. Design Number of Gyrations (Ndesign) When The SGC Is Used.Design the mixture at 50 gyrations (Ndesign). Use a target laboratory-molded density of 96.0%to design the mixture;however, adjustments can be made to the Ndesign value as noted in Table 9. The Ndesign level may be reduced to no less than 35 gyrations at the Contractor's discretion. Use an approved laboratory to perform the Hamburg Wheel test and provide results with the mixture design, or provide the laboratory mixture and request that the Department perform the Hamburg Wheel test. 11-21 3267 12-12 The Department maintains the Material Producer List of approved laboratories located at http://www.txdot.gov/business/resources/producer-list.html. The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the laboratory mixture design. The Engineer will provide the mixture design when shown on the plans. The Contractor may submit a new mixture design at any time during the project. The Engineer will verify and approve all mixture designs (JMF1)before the Contractor can begin production. Provide the Engineer with a mixture design report using the Department-provided Excel template. Include the following items in the report: • the combined aggregate gradation, source, specific gravity, and percent of each material used; • asphalt content and aggregate gradation of RAP and RAS stockpiles; • the target laboratory-molded density (or Ndesign level when using the SGC); • results of all applicable tests; • the mixing and molding temperatures; • the signature of the Level 2 person or persons that performed the design; • the date the mixture design was performed; and • a unique identification number for the mixture design. Table 8 Master Gradation Limits(%Passing by Weight or Volume) and VMA Re uirements A B C D F Sieve Coarse Fine Coarse Fine Fine Size Base Base Surface Surface Mixture 2" 100.0 - - - - 1-1/2" 98.0-100.0 100.0 - _ _ 1" 78.0-94.0 98.0-100.0 100.0 3/4" 64.0-85.0 84.0-98.0 95.0-100.0 100.01 - 1/2" 50.0-70.0 - - 98.0-100.0 100.0 3/8" - 60.0-80.0 70.0-85.0 85.0-100.0 98.0-100.0 #4 30.0-50.0 40.0-60.0 43.0-63.0 50.0-70.0 70.0-90.0 #8 22.0-36.0 29.0-43.0 32.0-44.0 35.0-46.0 38.0-48.0 #30 8.0-23.0 13.0-28.0 14.0-28.0 15.0-29.0 12.0-27.0 #50 3.0-19.0 6.0-20.0 7.0-21.0 7.0-20.0 6.0-19.0 #200 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 Design VMA,%Minimum - 12.0 13.0 1 14.0 1 15.0 T 16.0 Production Plant-Produced VMA,%Minimum 11.0 1 12.0 1 13.0 1 14.0 15.0- 1.Defined as maximum sieve size.No tolerance allowed. I 12-21 3267 12-12 Table 9 Laboratory Mixture Desi n Properties Mixture Property Test Requirement Method Target laboratory-molded density,%(TGC) Tex-207-F 96.5 Design gyrations(Ndesign for SGC) Tex-241-F 50 Indirect tensile strength(dry),psi Tex-226-F 85-200 Boil test Tex-530-C — 1 May be adjusted in 0.5%increments within a range of 96.0%to 97.5%when shown on the plans or specification or when mutually agreed between the Engineer and Contractor. 2.May be adjusted within a range of 35-100 gyrations when shown on the plans or specification or when mutually agreed between the Engineer and Contractor. 3.The Engineer may allow the IDT strength to exceed 200 psi if the corresponding Hamburg Wheel rut depth is greater than 3.0 mm and less than 12.5 mm. 4.Used to establish baseline for comparison to production results.May be waived when approved. Table 10 Hambur Wheel Test Re uirements High-Temperature Minimum#of Passes] Binder Grade Test Method @ 12.5 mm2 Rut Depth, Tested @ 50°C PG 64 or lower 10,000 PG 70 Tex-242-F 15,000 PG 76 or higher 20,000 1.May be decreased or waived when shown on the plans. 2.When the rut depth at the required minimum number of passes is less than 3 mm, the Engineer may require the Contractor to increase the target laboratory-molded density(TGC)by 0.5%to no more than 97.5%or lower the Ndesign level(SGC)to no less than 35 gyrations. 2. Job-Mix Formula Approval. The job-mix formula(JMF) is the combined aggregate gradation,target laboratory molded density(or Ndesign level), and target asphalt percentage used to establish target values for hot mix production.JMF1 is the original laboratory mixture design used to produce the trial batch. When WMA is used, JMF1 may be designed and submitted to the Engineer without including the WMA additive. When WMA is used, document the additive or process used and recommend rate on the JMF1 submittal. Furnish the Engineer a mix design report (JMF1)with representative samples of all component materials and request approval to produce the trial batch. If opting to have the Department perform the Hamburg Wheel test on the laboratory mixture, provide the Engineer with approximately 10,000 g of the design mixture and request that the Department perform the Hamburg Wheel test. The Engineer will verify JMF1 based on plant-produced mixture from the trial batch unless otherwise determined. The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMFL Provide the Engineer with split samples of the mixtures and blank samples used to determine the ignition oven correction factors. The Engineer will determine the aggregate and asphalt correction factors from the ignition oven used for production testing in accordance with Tex-236-F. 13-21 3267 12-12 The Engineer will use a TGC calibrated in accordance with Tex-914-17 in molding production samples. If the SGC is used to design the mix, provide an SGC at the Engineer's field laboratory for use in molding production samples. The Engineer may perform Tex-530-C and retain the tested sample for comparison purposes during production. The Engineer may waive the requirement for the boil test. 3. JMF Field Adjustments. If JMF adjustments are necessary to achieve the specified requirements, the adjusted JMF must: • be provided to the Engineer in writing before the start on a new lot; • be numbered in sequence to the previous JMF; • meet the mixture requirements in Table 4 and Table 5; • meet the master gradation limits shown in Table 8; and • be within the operational tolerances of the current JMF listed in Table 11. The Engineer may adjust the asphalt content to maintain desirable laboratory density near the optimum value while achieving other mix requirements. Table 11 Operational Tolerances Allowable Allowable Description Test Difference Between Difference Method Trial Batch and from Current ( JMF1 Target JMF Target 11 Individual%retained for#8 sieve and larger Tex-200-F Must be t5.0 Individual%retained for sieves smaller than Within Master z Tex-236-F #8 and larger than#200 °r Grading Limits in X3.0 r I( %passing the#200 sieve Table 8 f27 Asphalt content,% Tex-236-F ±0.5 f0.3 Laboratory-molded density,% Tex-207-F t1.0 t1.0 VMA,%,min Tex-204-F Note 3 Note 3 1.When within these tolerances,mixture production gradations may fall outside the master grading limits; however,the%passing the#200 will be considered out of tolerance when outside the master grading limits. 2.Only applies to mixture produced for Lot 1 and higher. 3.Mixture is required to meet Table 8 requirements. D. Production Operations. Perform a new trial batch when the plant or plant location is changed. Take corrective action and receive approval to proceed after any production suspension for noncompliance to the specification. Submit a new mix design and perform a new trial batch when the asphalt content of: • either RAP stockpile used in the mix is more than 0.5%higher than the value shown on the mixture design report; or • RAS stockpile used in the mix is more than 2.0%higher than the value shown on the mixture design report. 1. Storage and Heating of Materials.Do not heat the asphalt binder above the temperatures specified in Item 300, "Asphalts, Oils, and Emulsions," or outside the manufacturer's recommended values. On a daily basis,provide the Engineer with the records of asphalt binder and hot-mix asphalt discharge temperatures (in legible and discernible increments) in accordance with Item 320, "Equipment for Asphalt 14-21 3267 12-12 Concrete Pavement."Do not store mixture for a period long enough to affect the quality of the mixture, nor in any case longer than 12 hr. unless otherwise approved. 2. Mixing and Discharge of Materials.Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target. Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F (or 275°F for WMA) and is not lower than 215°F. The Department will not pay for or allow placement of any mixture produced at more than 350°F. When WMA is required, produce the WMA within the target temperature discharge range of 215°F and 275°F. Take corrective action any time the discharge temperature of the WMA exceeds the target discharge range. The Engineer may suspend production operations if the Contractor's corrective action is not successful at controlling the production temperature within the target discharge range.Note that when WMA is produced, it may be necessary to adjust burners to ensure complete combustion such that no burner fuel residue remains in the mixture. Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from the plant. The Engineer may determine the moisture content by oven-drying in accordance with Tex-212-F, Part I1, and verify that the mixture contains no more than 0.2% of moisture by weight. The Engineer will obtain the sample immediately after discharging the mixture into the truck, and will perform the test promptly. E. Hauling Operations.Before use, clean all truck beds to ensure that mixture is not contaminated. When a release agent is necessary, use a release agent on the Department's Material Producer List to coat the inside bed of the truck. Use only equipment for hauling as defined in Section 3267.4.G.3.c, "Hauling Equipment." Other hauling equipment may be used when allowed by the Engineer. F. Placement Operations. Collect haul tickets from each load of mixture delivered to the project and provide the Department's copy to the Engineer approximately every hour, or as directed by the Engineer. Unless otherwise directed, use a non-contact infrared thermometer to measure and record the internal temperature of the mixture as discharged from the truck or material transfer device prior to or as the mix enters the paver and an approximate station number or GPS coordinates on each ticket. Calculate the daily yield and cumulative yield for the specified lift and provide to the Engineer at the end of paving operations for each day unless otherwise directed. The Engineer may suspend production if the Contractor fails to produce and provide haul tickets and yield calculations by the end of paving operations for each day. Prepare the surface by removing raised pavement markers and objectionable material such as moisture, dirt, sand, leaves, and other loose impediments from the surface before placing mixture. Remove vegetation from pavement edges.Place the mixture to meet the typical section requirements and produce a smooth, finished surface with a uniform appearance and texture. Offset longitudinal joints of successive courses of hot mix by at least 6 in. Place mixture so that longitudinal joints on the surface course coincide with lane lines, or as directed. Ensure that all finished surfaces will drain properly. 15-21 3267 12-12 Place the mixture at the rate or thickness shown on the plans. The Engineer will use the guidelines in Table 12 to determine the compacted lift thickness of each layer when multiple lifts are required. The thickness determined is based on the rate of 110 lb./sq. yd. for each inch of pavement unless otherwise shown on the plans. Table 12 Compacted Lift Thickness and Required Core Height Compacted Lift Thickness Minimum Untrimmed Mixture Guidelines Type Core Height(in.) Minimum(in.) Maximum(in.) Eligible for Testing A 3.00 6.00 2.00 B 2.50 5.00 1.75 C 2.00 4.00 1.50 D 1.50 3.00 1.25 F 1.25 2.50 1.25 1. Weather Conditions.Place mixture when the roadway surface temperature is 60°F or higher unless otherwise approved.Measure the roadway surface temperature with a handheld infrared thermometer. The Engineer may allow mixture placement to begin prior to the roadway surface reaching the required temperature requirements, if conditions are such that the roadway surface will reach the required temperature within 2 hours of beginning placement operations. Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable in the opinion of the Engineer. The Engineer may restrict the Contractor from paving if the ambient temperature is likely to drop below 32°F within 12 hours of paving. 2. Tack Coat. Clean the surface before placing the tack coat. Unless otherwise approved, apply tack coat uniformly at the rate directed by the Engineer. The Engineer will set the rate between 0.04 and 0.10 gal. of residual asphalt per square yard of surface area.Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns. Apply a thin, uniform tack coat to all contact surfaces of curbs, structures, and all joints.Allow adequate time for emulsion to break completely prior to placing any material. Prevent splattering of tack coat when placed adjacent to curb, gutter, and structures.Roll the tack coat with a pneumatic tire roller to remove streaks and other irregular patterns when directed. 3. Lay-Down Operations. a. Windrow Operations. When hot mix is placed in windrows, operate windrow pickup equipment so that substantially all the mixture deposited on the roadbed is picked up and loaded into the paver. b. Hauling Equipment. The Contractor may elect to use belly dumps, live bottom, or end dump trucks to haul and transfer mixture; however, with exception of paving miscellaneous areas, end dump trucks are only allowed when used in conjunction with an MTD with remixing capability unless otherwise allowed by the Engineer. c. Screed Heaters. If the paver stops for more than 5 minutes,turn off screed heaters to prevent overheating of the mat. 16-21 3267 12-12 G. Compaction. Uniformly compact the pavement to contain between 3.8% and 8.5% in- place air voids. When the in-place air voids exceed the range of 3.8% and 8.5%,take immediate corrective action to bring the operation within these tolerances. Areas defined in Section 3267.I.2 "Miscellaneous Areas," are not subject to in-place air void determination. In all other areas, the Engineer may obtain and test cores and may suspend operations or require removal and replacement if the in-place air voids are less than 2.7% or greater than 9.9%. The Engineer will allow paving to resume when the proposed corrective action is likely to yield between 3.8% and 8.5%in-place air voids. Furnish the type, size, and number of rollers required for compaction as approved. Use a pneumatic-tire roller to seal the surface unless excessive pickup of fines occurs. Use additional rollers as required to remove any roller marks. Use only water or an approved release agent on rollers,tamps, and other compaction equipment unless otherwise directed. On the first day of production, use the control strip method given in Tex-207-F, Part IV, to establish the rolling pattern that will produce the desired in-place air voids unless otherwise directed. Use tamps to thoroughly compact the edges of the pavement along curbs,headers, and similar structures and in locations that will not allow thorough compaction with rollers. The Engineer may require rolling with a trench roller on widened areas, in trenches, and in other limited areas. Complete all compaction operations before the pavement temperature drops below 160°F unless otherwise allowed. The Engineer may allow compaction with a light finish roller operated in static mode for pavement temperatures below 160°F. Allow the compacted pavement to cool to 160T or lower before opening to traffic unless otherwise directed. When directed, sprinkle the finished mat with water or limewater to expedite opening the roadway to traffic. H. Production Acceptance. 1. Production Lot. Each day of production is defined as a production lot. Lots will be sequentially numbered and will correspond to each new day of production. Note that lots are not subdivided into sublots for this specification. 2. Production Sampling. a. Mixture Sampling. The Engineer may obtain mixture samples in accordance with Tex-222-F at any time during production. b. Asphalt Binder Sampling. The Engineer may obtain or require the Contractor to obtain 1 qt. samples of the asphalt binder at any time during production from a port located immediately upstream from the mixing drum or pug mill in accordance with Tex-500-C, Part II. The Engineer may test any of the asphalt binder samples to verify compliance with Item 300, "Asphalts, Oils, and Emulsions." 17-21 3267 12-12 3. Production Testing. The Engineer will test at the frequency listed in the Department's Guide Schedule of Sampling and Testing and this specification. The . Engineer may suspend production if production tests do not meet specifications or are not within operational tolerances listed in Table 11. If the Engineer's laboratory- molded density on any sample is less than 95.0% or greater than 98.0%, take immediate corrective action to bring the mixture within these tolerances. The Engineer may suspend operations if the Contractor's corrective actions do not produce acceptable results. The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results. If the aggregate mineralogy is such that Tex-236-F does not yield reliable results, the Engineer may use alternate methods for determining the asphalt content and aggregate gradation. Use the applicable test procedure if an alternate test method is selected. Table 13 Production and Placement Testing Description Test Method Individual%retained for#8 sieve and larger Individual%retained for sieves smaller than#8 Tex-200-F and larger than#200 or %passing the#200 sieve Tex-236-F Laboratory-molded density Laboratory-molded bulkspecific gravity Tex-207-F In-Place air voids VMA Tex-204-F ( Moisture content Tex-212-F,Part 11 I! Theoretical maximumspecific(Rice)gravity Tex-227-F Asphalt content Tex-236-F Hamburg Wheel test Tex-242-F Recycled Asphalt Shingles(RAS) Tex-217-F,Part III Asphalt binder sampling and testing Tex-500-C Tack coat sampling and testing Tex-500-C,Part III j Boil test Tex-530-C 1.Testing performed by the Construction Division or designated laboratory. a. Voids in Mineral Aggregates (VMA). The Engineer may determine the VMA for any production lot. Take immediate corrective action if the VMA value for any lot is less than the minimum VMA requirement for production listed in Table 8. Suspend production and shipment of the mixture if the Engineer's VMA result is more than 0.5%below the minimum VMA requirement for production listed in Table 8. In addition to suspending production,the Engineer may require removal and replacement or may allow the lot to be left in place without payment. b. Hamburg Wheel Test. The Engineer may perform a Hamburg Wheel test at any time during production, including when the boil test indicates a change in quality from the materials submitted for JMF1. In addition to testing production samples, the Engineer may obtain cores and perform Hamburg Wheel tests on any areas of the roadway where rutting is observed. When the production or core samples fail the Hamburg Wheel test criteria in Table 10, 18-21 3267 12-12 suspend production until further Hamburg Wheel tests meet the specified values. Core samples, if taken, will be obtained from the center of the finished mat or other areas excluding the vehicle wheel paths. The Engineer may require up to the entire lot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor's expense. If the Department's or approved laboratory's Hamburg Wheel test results in a "remove and replace"condition, the Contractor may request that the Department confirm the results by retesting the failing material. The Construction Division will perform the Hamburg Wheel tests and determine the final disposition of the material in question based on the Department's test results. 4. Individual Loads of Hot Mix. The Engineer can reject individual truckloads of hot mix. When a load of hot mix is rejected for reasons other than temperature, contamination, or excessive uncoated particles,the Contractor may request that the rejected load be tested. Make this request within 4 hr. of rejection. The Engineer will sample and test the mixture. If test results are within the operational tolerances shown in Table 11, payment will be made for the load. If test results are not within operational tolerances, no payment will be made for the load and the Engineer may require removal. I. Placement Acceptance. 1. Placement Lot.A placement lot is defined as the area placed during a production lot (one day's production).Placement lot numbers will correspond with production lot numbers. 2. Miscellaneous Areas. Miscellaneous areas include areas that typically involve significant handwork or discontinuous paving operations, such as temporary detours, driveways, mailbox turnouts, crossovers, gores, spot level-up areas, and other similar areas. Temporary detours are subject to in-place air void determination when shown on the plans. Miscellaneous areas also include level-ups and thin overlays when the layer thickness specified on the plans is less than the minimum untrimmed core height eligible for testing shown in Table 12. The specified layer thickness is based on the rate of 110 lb./sq. yd. for each inch of pavement unless another rate is shown on the plans. Compact miscellaneous areas in accordance with Section 3267.4.G, "Compaction."Miscellaneous areas are not subject to in-place air void determination. 3. Placement Sampling. Provide the equipment and means to obtain and trim roadway cores on site. On site is defined as in close proximity to where the cores are taken. Obtain the cores within 1 working day of the time the placement lot is completed unless otherwise approved.Unless otherwise shown on the plans, obtain two 6-in. diameter cores side-by-side at each location selected by the Engineer for in-place air void determination. For Type D and Type F mixtures, 4-in. diameter cores are allowed. Mark the cores for identification, measure and record the untrimmed core height, and provide the information to the Engineer. The Engineer will witness the coring operation and measurement of the core thickness. 19-21 3267 12-12 Visually inspect each core and verify that the current paving layer is bonded to the underlying layer. If an adequate bond does not exist between the current and underlying layer,take corrective action to ensure that an adequate bond will be achieved during subsequent placement operations. Immediately after obtaining the cores from the roadway, trim the cores in accordance with Tex-207-F if the core heights meet the minimum untrimmed values listed in Table 12. Trim the cores on site in the presence of the Engineer. Use a permanent marker or paint pen to record the date and lot number on each core as well as the designation as Core A or B. The Engineer may require additional information to be marked on the core and may choose to sign or initial the core. The Engineer will take custody of the cores immediately after they are trimmed and will retain custody of the cores until the Department's testing is completed.Prior to turning the trimmed cores over to the Engineer,the Contractor may elect to wrap the trimmed cores or secure them in a manner that will reduce the risk of possible damage occurring during transport by the Engineer.After testing, the Engineer will return the cores to the Contractor. The Engineer may elect to have the cores transported back to the Department's laboratory at the IWA plant via the Contractor's haul truck or other designated vehicle. In such cases where the cores will be out of the Engineer's possession during transport,the Engineer will use the Construction Division's protocol to provide a secure means and process that protects the integrity of the cores during transport. In lieu of the Contractor trimming the cores on site immediately after coring,the Engineer and the Contractor may mutually agree to have the trimming operations performed at an alternate location such as a field laboratory or other similar location. In such cases,the Engineer will take possession of the cores immediately after they t are obtained from the roadway and will retain custody of the cores until testing is completed. Either the Department or Contractor representative may perform trimming of the cores. The Engineer will witness all trimming operations in cases where the Contractor representative performs the trimming operation. Immediately after obtaining the cores, dry the core holes and tack the sides and bottom. Fill the hole with the same type of mixture and properly compact the mixture. Repair core holes with other methods when approved. 4. Placement Testing. The Engineer may measure in-place air voids at any time during the project to verify specification compliance. a. In-Place Air Voids. The Engineer will measure in-place air voids in accordance with Tex-207-F and Tex-227-F. Cores not meeting the height requirements in Table 12 will not be tested.Before drying to a constant weight, cores may be pre-dried using a Corelok or similar vacuum device to remove excess moisture. The Engineer will use the corresponding theoretical maximum specific gravity to determine the air void content of each core. The Engineer will use the average air void content of the two cores to determine the in-place air voids at the selected location. 20-21 3267 12-12 The Engineer will use the vacuum method to seal the core if required by Tex-207-F. The Engineer will use the test results from the unsealed core to if the sealed core yields a higher specific gravity than the unsealed core.After determining the in-place air void content, the Engineer will return the cores and provide test results to the Contractor. 5. Irregularities. Identify and correct irregularities including but not limited to segregation, rutting, raveling, flushing, fat spots, mat slippage, irregular color, irregular texture,roller marks,tears, gouges, streaks,uncoated aggregate particles, or broken aggregate particles. The Engineer may also identify irregularities, and in such cases,the Engineer will promptly notify the Contractor. If the Engineer determines that the irregularity will adversely affect pavement performance,the Engineer may require the Contractor to remove and replace (at the Contractor's expense)areas of the pavement that contain irregularities and areas where the mixture does not bond to the existing pavement. If irregularities are detected,the Engineer may require the Contractor to immediately suspend operations or may allow the Contractor to continue operations for no more than 1 day while the Contractor is taking appropriate corrective action. 6. Ride Quality. Use Surface Test Type A to evaluate ride quality in accordance with Item 585, "Ride Quality for Pavement Surfaces,"unless otherwise shown on the plans. 5. Measurement. Hot mix will be measured by the ton of composite hot mix,which includes asphalt, aggregate, and additives. Measure the weight on scales in accordance with Item 520, "Weighing and Measuring Equipment." 6. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under Article 3267.5, "Measurement,"will be paid for at the unit price bid for"Dense Graded Hot-Mix Asphalt (SQ" of the type, surface aggregate classification, and binder specified. These prices are full compensation for surface preparation; materials including tack coat;placement; equipment; labor;tools; and incidentals. Trial batches will not be paid for unless they are included in pavement work approved by the Department. Pay adjustment for ride quality if applicable will be determined in accordance with Item 585, "Ride Quality for Pavement Surfaces." 21-21 3267 12-12 2004 Specifications SPECIAL SPECIFICATION 5434 Precast Concrete Wheel Stops 1. Description. Furnish and install concrete wheel stops. 2. Materials. Wheel stops shall be a minimum of 6 $. long concrete stops unless otherwise shown on the plans or as approved. A. For hydraulic concrete provide concrete conforming to Item 421, "Hydraulic Cement Concrete". Minimum concrete strength is equal to Class A concrete. B. For concrete wheel stops provide reinforcing steel conforming to Item 440, "Reinforcing Steel."Minimum reinforcing shall be two No. 4 or three No. 3 bars placed ` longitudinally. C. Submit commercially available wheel stop designs for approval. 3. Construction. Anchoring method and anchor rod type shall be as shown on the plans or by approval. 4. Measurement. This Item will be measured as each wheel stop. : 5. 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 "Wheel Stops." This price shall be full compensation for furnishing,preparing,hauling and placing all materials, and for all labor, equipment,tools and incidentals. 1-1 5434 12-06 s FHWA-1273-- Revised May 1,2012 r REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for Ill. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment ( V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS 11. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) 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. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." 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. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the f toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work f d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and I origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. 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 III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. 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 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such f work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor @ shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding 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 The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: I! 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 (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is j have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or indirectly from the full wages earned,other than each such worker,his or her correct classification,hourly rates permissible deductions as set forth in Regulations,29 CFR of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program. If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection r with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lower tier subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. pay for all hours with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. 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 t 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. 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 9.Disputes concerning Tabor standards.Disputes arising out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. 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 a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this ` section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 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 c.The penalty for making false statements is prescribed in the U.S.Criminal Code,18 U.S.C. 1001. 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 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. 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 VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such This provision is applicable to all Federal-aid construction specialty items performed may be deducted from the total contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). 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. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction material and manufactured products which are to be contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: 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 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "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 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered n This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. 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, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.no ,which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible, "participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. 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" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epis.go ,which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which 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. A.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 t 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