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HomeMy WebLinkAboutContract 50167 {y a cam t' W Try 4 7l FORT WORTH n� ; w City Secretary [�j PROJECT MANUAL COnstrUction 0 FOR Project Manager❑ THE CONSTRUCTION OF CITY SECRETARY— CC)N MCT N0. ",-)0 Trinity Trails East CST: 0902-90-031 Federal Aid Project: STP 2016 (611)TP City Project No. 02477 Betsy Price David Cooke Mayor City Manager Richard Zavala Director, Park and Recreation Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Clarence Bryant Project Manager, Park and Recreation Department Prepared for: City of Fort Worth Park and Recreation Department and TxDOT August 2017 6- oFFlclah RECORD Halff Associates, Inc. AN 18 CITY SECRETARY 1201 North Bowser Road °� N 1 8 � FT.WORTH,TX c�SFcgrwo� , , � Control: 0902-90-031 Project: STP 2016 (611)TP 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. Alteration of a sealed document without proper notification to the responsible engineer is an offence under the Texas Engineering Practice." c��2 •IBUC•''•:�A C2.`� •a LU 0 'tn �•' 09.!? Note: TxDOT Specifications shall govern over all other specifications on this project. SECTION 00 00 00 TABLE OF CONI 1,;x:7 Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form 0043 13 Bid Bond 0045 11 Bidders Prequalification's 00 45 12 Prequalification Statement 00 45 26 Contractor Compliance with Worker's Compensation 00 52 43 Law Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01-General Requirements 01 1100 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 3216 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 3513 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 5713 Storm Water Pollution Prevention 01 5813 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Division 02-TxDOT Requirements 1. Disadvantaged Business Enterprises Requirements 2. Buy America 3. Child Support Statement(Family code 231.006) 4. OSHA Implementation CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised February 2,2016 City Project Number:02477 00 00 00-1 STANRD Page 1 of 2 5. Disclosure of Lobbying Activities(Lobbying Certification) 6. Non-Collusion Statement 7. Certificate of Insurance(also in first section) 8. Certification of Interest 9. Contractor's Assurance 10. Prevailing Minimum Wage-Davis Bacon(2013 Prevailing Wage Rates) 11. Equipment Rental Rates 12. Prison Produced Materials 13. Differing Site Conditions 14. General Notes 15. TxDOT Specifications List(List of Texas Department of Transportation Governing Specifications) 16. Items 1L-9L-Local Government General Requirements and Covenants 17. Special Provisions 18. Special Specifications 19. Federal Requirements for(Required Contract Provisions)Federal-Aid Construction Contracts(FHWA-1273) 20. "Standard Specifications for Construction Maintenance of Highways,Streets,and Bridges- Adopted by the Texas Department of Transportation November 1,2014"— Included by Reference Division 03—Geotechnical Report END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised February 2,2016 City Project Number.02477 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 12, 2017 REFERENCE NO.: C-28519 LOG NAME: 80TRINITY TRAILS EAST SUBJECT: Authorize Execution of Construction Contract with 2L Construction, LLC, in the Amount of$2,277,943.30 for the Construction of the East Fort Worth Trail Extension Project and Provide for Additional Project Cost and Contingencies in the Amount of$227,794.33 for a Total Construction Phase Cost of$2,505,737.63 (COUNCIL DISTRICTS 4 and 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with 2L Construction, LLC, in the amount of$2,277,943.30 for the construction of the East Fort Worth Trail Extension Project. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the award and execution of a construction contract with 2L Construction, LLC, in the amount of$2,277,943.30, for the construction of the East Fort Worth Trail Extension Project. On September 29, 2015 (M&C G-18585), the City Council authorized the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT)for the Transportation Alternatives Program (TAP) - East Fort Worth Trail Extension Project. The federal participation is $2,347,940.00 while the local participation share is $807,106.00 (plus 100 percent of any overruns), together totaling $3,155,046.00. The East Fort Worth Trail Extension Project provides an off-street trail connection from Handley Ederville Road to River Trails Park. The ultimate goal is to continue this trail to the River Legacy trail in the City of Arlington. Additionally, this connection will create off-street access for numerous neighborhoods in the area and will also provide access to River Trails Park. The table below depicts the total funding for the project which includes the TxDOT grant, the local match, and 2014 Bond funding for project costs that are ineligible for grant reimbursement including engineering and construction management costs. Current _ Source _ M&C Appropriations Proposed Total 31001 -2014 STEP G-18585 $2,347,940.00 �- -� N/A $2,347,940.00 134014-2014 Bond G-18585 $1,500,000.00 (— N/A F $1,500,000.00 -- TOTAL - {x$3,847,940.00 1 NIA 1 $3,847,940.00 Design and engineering was performed by Halff Associates, Inc., under a contract with Riverbend Investment, Ltd. Staff will prepare a Design Procurement Agreement for the purpose of reimbursing Riverbend Investment, Ltd. An M&C to authorize the Design Procurement Agreement is anticipated for the January 30, 2018 City Council agenda. Upon the conclusion of the design development and construction plans, the project was advertised for bids on September 6, 2017 and September 13, 2017 in the Fort Worth Star-Telegram. Logname: 80TRINITY TRAILS EAST Page I of 3 On September 28, 2017 the following bids were received and tabulated: BIDDER('LOW) 1BASE BID TOTALS($) `Cole Construction $1,968,211.19 n 2L Construction, LLC $2,277,943.30 NorthStar Construction $2,379,684.50 NorthRock Construction $2,415,846.54 IThe Fain Group $2,477,112.35 FNH Construction $3,508,92.7.00 Cole Construction, the apparent low bidder, was declared non-responsive for this project. Therefore, the next lowest responsible bidder is being recommended for the award of contract. Base Bid includes the construction of concrete trails, boardwalks, and a pedestrian bridge. No bid alternates will be included in this contract. An annual maintenance cost of$13,800.00 is expected for this project. Construction is anticipated to commence in January 2018 and be completed by November 2018. Contract time is 300 working days. M/WBE OFFICE- 2L Construction, LLC, is in compliance with the City's DBE Policy by committing to five percent DBE participation. The TxDOT DBE goal on this project is five percent. Project location is in COUNCIL DISTRICTS 4 and 5. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Grant Capital Projects Fund, East Fort Worth Trial Extension Project. The Park & Recreation Department has the responsibility to validate the availability of funds prior to the expenditure of funds. This is a reimbursement grant from TxDOT. FUND IDENTIFIERS (FIDs): TO Fund _Dep_ar_ nt Accoun tmeProject Program ctivlty Budget _ Reference # moun ID ID Year Chartfield 2�_ FROM rund[D7partment Accoun Project Program ctivity Budget Reference # mou--_�D._._—L__ ID Year (Chartfleld 2) rn__ CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. 2014 TAP Trinity Trail Extention Map.pdf (Public) 2. 2L Construction.pdf (CFW Internal) 3. DBE ComplianceMemo approval.pdf (CFW Internal) 4. Form 1295 2L.pdf (Public) Logname: 80TRINITY TRAILS EAST Page 2 of 3 5. MC 80Trinily Trails East FIDSv3.xlsx (CFWlnternal) Logname: 80TRINITY TRAILS EAST Page 3 of 3 00 05 15 ADDENDA Page 1 of 2 1 SECTION 00 0515 2 ADDENDUM NO.1 3 4 PROJECT: Trinity Trails—East Fort Worth 5 6 FEDERAL AID PROJECT NO.: CSJ: 0902-90-031 7 8 CITY PROJECT NUMBER: 02477 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: September 22,2017,Friday 19 20 DATE OF BID OPENING: September 28,2017,Thursday 21 22 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this Addendum 23 No.1 on the following items. 24 25 1. General Clarification 26 a. The DBE can be met by the Prime,however the Prime needs to be certified 27 as DBE(not only SBE or MBE). 28 b. The contractor must submit the Confidential Application since it is a local let 29 project. 30 c. E-Verify is not required. 31 d. The trail is not designed to have flex base,compaction is to be a 900/cdensity. 32 Pavement details are located on Sheet 69 and Sheet 70 in the plan set. 33 e. The Contractor is only responsible for removing brush and debris within the 34 trail easement as well as any other areas that are disturbed during 35 construction. 36 f. At the site walk though,a few items were noticed to be a little different from 37 what the plans show(i.e.trees had been removed,brush cleared,fill added in 38 areas it was needed). The contractor shall bid the project as it is shown and 39 quantified in the plans and specifications,and if any major differences exist 40 that would result in a major addition/reduction will be handled accordingly. 41 g. Trail B (the portion under the 820 right of way)should be constructed last 42 due to the unknown schedule of the 820 expansion project.However the 43 contractor may continue to use this area as a point of access during 44 construction.Coordination with TxDOT may be required if the 820 project 45 conflicts with access to the trail project. 46 CITY OF FORT WORTH Trinity Trails East Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 00 05 15 ADDENDA Page 2 of 2 1 h. The plan set provides two construction access points(Sheets 15 & 16).It will 2 be the responsibility of the contractor to gain permission from the property 3 owner on any additional access points they would like to use. 4 i. Section 00 4100—Proposal Form shows Unit 1 through Unit 7 under the bid 5 summary at the end of the proposal.These are to be the sum of the bid items 6 that begin with 01,02,03,04,05,06&07.For example,Unit 1 will be the 7 sum of Bid Items 0100 6002 through 0168 6001. 8 j. Section 00 21 13 &Section 00 45 12 identifies the areas either the Prime or 9 the Sub will need to be prequalified for. 10 k. Section 00 45 13 requests for the contractor to fill out and provide info on 11 any Major Work Categories their firm has completed on previous jobs. 12 13 2. Plan Sheets Modifications 14 a. Quantity correction for Barricades,Signs&Traffic Handlings(MO) 15 i. Sheets 8—Quantity Summary Sheet-Revised from 18 to 10 Months 16 b. Revision to Detail 01 on Sheet 69 `Fort Worth Standard Pavement Details' 17 i. Note added to specify the joint spacing for a 12' wide trail 18 c. Revision to Detail 02 on Sheet 69 `Fort Worth Standard Pavement Details' 19 i. Width of trail is shown to be 12' Min. 20 ii. Thickness to trail is shown to be 5" 21 d. Revision to Detail 02 on Sheet 69 `Fort Worth Standard Pavement Details' 22 i. Thickness of trail is shown to be 5" 23 24 3. Project Manual Modifications 25 a. 00 4100 Proposal Form section: 26 i. Quantity correction for line items: 27 a. 0502 6001—Barricades,Signs&Traffic Handlings 28 Revised from 18 Mo to 10 Mo 29 30 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 31 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 32 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 33 non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 34 bid submittal. 35 36e, ter. Rec=kno 37 38 Stephen Crawford,P.E. By: 39 Design Engineer,Halff Associates,Inc. S1^ �lie 40 Company: P aril �u 41 42 43 44 (t4arence-`BryKnt Jr. 45 Project Manager,City of Fort Worth 46 47 48 END OF SECTION CITY OF FORT WORTH Trinity Trails East Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 --------- ----------- ------- --- _---------------------------------------------------, i SUMMARY OF DEMOLITION ITEM SUMMARY OF MISCELLANEOUS ITEMS o0A OIOY @ woo @ ola aoa ewl YYp YMY Meq YOM sim noa,WR Yw '� eoz Yea @ m m s e w r m en w an � R Y M w ro aq R YKR p RM w q .00 RO @ wOR A • 0 Y 0 0 qw6 6 0 0 Rw0 6 - RVR SUMMARY OF TRAIL ITEM SUMMARY OF EARTHWORK ITEMS SUMMARY OF BOARDWALK a BImGE ITEMS RaR YY. Oln Mal Ilm W n @ a n OYa Y YM orm OYs Om Yaw. YOa YaY YRa - @ YON @ _ a6r a Yn law eWEYYLa a7 Tn s N�Y�i. rRYn aL.rYTYw �Mwanl� YI rfll�lORR@a! wnr Yp a� t�.au wrt x� a e °�° a�N ao FAOYw11OYa@I YY'aaO1O1 @ an - w m w w m m YMn Te n;o rt a b ao ao Rb u �v ani m w YYae w-1 wg0n. w lso {w n OA Y%n wa IW lY na0 lwY wn b RYn - OD YMn M 10.0 YIaO pd YNn v n1M awo se Tsa M b Mai YOYO o.0 Mab w n alO u w ' nb 60 aW wan m non b nn mo aA0 SUWRY OF PLANTING ITEMS w w n roar wo wn m ou aNDSCFP ra wwn u 8UC awn m mao b awn Yew* it ��•.a Yr�Ao m a v n ru vie ,,,Y..la.b, b wwn r s� near o a v ar m. ,. nY,o u awn e. m u YxY m m m vao b s>ao ewR m F^ .-IPF"' o s n ,.wn on ruo Yw o p 09. "' s v n m aiae s w n vu Yu u YYao YsR s awn m - vao vsn Tau OaR m Y%0 YsR o 0 a0a RM RCI STRATTON NUMBER: 3'12 b w n YRs -... .m A v n d TYY 4a Ym Y w 0 a yp awn m aia b.0 awn }I m saa awp o E w n YMe o O laq an � vYa ae nvn eYlo i-=' m YaYn YVR m Rn >t _ awn oo enu u m a a n m a�ao w YMir ewr sni Ym�. R:o tiro �OR7 WORTy. �a�w� a a,E svn YM.o a�Yo ao swn aw mon R�� HALFF _ .w an quay wean }m nsa Year ..� y0lTexae De.rtaerrt OTmTrOrl--l-IOn a SUMARY�STORM DRAM ITEMS J/ c 2Oli c Mac M'mYo YYR a°'Ya a'mo m TRINITY TRAILS EAST S YRm rYYM-6 mg9Aw —DAL. -I%— S,RY56" %— M NLs a+..o QUANTITY SUMMARY SHEET ii66 " � W w SCALER N.T.S. SHEET 1 OF I l v a aY b b own Y.Y ao NO u HALFFAl A HALFF HALFF TEXAS FTM TARRANT YraRRR Aw s T --aLFF 0902 90 031 I rt.,°0"' car res .,`o..t.` '.""'' I >ws H.0 o-uan m H I I . I 0 'REINFORCED CONCRETE SIDEWALK0 4 EaXF�ANSION JOINT u td I I I I l I I NFORCED CONCRETE SIDEWALK 0 2,� m �a •SIF➢N@IBCGKQR `*tsi.!1x5 Fi.yt�t 8 g ORT WORT ■� HALFF 4 "'Tex0e DOpOrimer,i of Trtnsportai ion i TRINITY TRAILS EAST CITY OF FORT WORTH STANDARD . PAVEMENT DETAILS SGLEt NTS SHEET 1 OF] 8 HALFF r�LOn 1 A HALFF m,[ mtn tarn HALFF TEXAS 01FTR TARRANT tttar o 65 HALFF 0902 90a 03 7 004100 PROPOSALFORM Page I M2 SECTION 00 41 00 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Unit of No. Description Measure Bid Quantity Unit Price Bid Value 0100 6002 PREPARING ROW STA 70.0 0104 6028 SAWCUT,REMOVE CONCRETE PAVE SY 50.0 0110 6003 EXCAVATION SPECIAL CY 3127.7 0132 6006 EMBANKMENT FINAL DENS CONT)(TY C CY 10683.5 0134 6005 BACKFILLING PAVEMENT EDGES TY A CY 510.0 0162 6002 BLOCK SODDING BERMUDA SY 3817.0 0164 6007 BROADCAST SEED PERM URBAN CLAY BERMUDA SY 10543.0 0164 6007 BROADCAST SEED PERM URBAN CLAY NATIVE AMERICAN-SHAC SY 5524.0 01646009 BROADCAST SEED TEMP WARM SY 500.0 0164 6011 BROADCAST SEED TEMP COOL SY 500.0 01686001 VEGETATIVE WATERING MG 240.0 0251 6034 REWORK BS MTL TY G 8" ORD COMP SY 18231.0 0416 6002 DRILL SHAFT(24 IN) LF 88.0 0420 6014 CL C CONC(ABUT)(HPG) CY 43.0 0422 6016 APPROACH SLAB(HPC) CY 49.7 0432 6031 RIPRAP(STONE PROTECTION)(12 IN) CY 34.0 0432 6035 RIPRAP(STONE PROTECTION)(24 IN) CY 128.0 0450 6051 RAIL(HANDRAIL)(TYPE E) LF 668.0 0462 6008 CONC BOX CULV 5 FT X 4 FT LF 24.0 0464 6018 RC PIPE CL IV 24 IN LF 60.0 04666005 HEADWALL(CH-FW-0) DIA=24) EA 20 04666050 HEADWALL CH-FW-45)(DIA=24) EA 2.0 0466 6153 WINGWALL FW-0)(HW=6 FT EA 1.0 04666181 WINGWALL PW-1 HW=6FT FA 1.0 0496 6043 REMOVE STR SMALL FENCE LF 20.0 CITY OF FORT WORTH Trinity Traits East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20120120 City Project Number:02477 M 4100 PROPOSAL FORM Page 2 of 2 SECTION 00 41 00 PROPOSAL FORM UNIT PRICE BID Bidder's Application ho,ject Item Information Bidder's Proposal Bidlist Item xUnit of No Deription Measure Bid Quantity Unit Pricy Bid Value 0500 6001 MOBILIZATION LS 1.0 0502 6001 BARICADES,SIGNS AND TRAFFIC HANDLINGS MO 10.0 0506 6001 LF 40.0 ROCK FILTER DAMS INSTALL)(TY1) 0506 6011 ROCK FILTER DAMS REMOVE)(TY1) LF 40.0 0506 6020 CONSTRUCTION EXIT INTALL TY 1 SY 330.0 0506 6024 CONSTRUCTION EXIT REMOVE TY 1 SY 330.0 0506 6038 INSTALL SDMT CONT FENCE LF 15052.0 0506 6039 REMOVE SDMT CONT FENCE LF 15052.0 0506 6041 INSTALL BIODEGRADABLE EROSION CONTROL LOG LF 132.0 0506 6043 REMOVE BIODEGRADABLE EROSION CONTROL LOG LF 132'0 0531 6002 CONC SIDEWALKS 5" SY 18231.0 0644 6001 IN SM RD SN&AM TY 10BWG 1 SAP EA 36.0 FW 4001 PREFAB STEEL TRUSS SPAN(80 LF) EA 1.0 FW 4002 A PRECAST CONCRETE BOARDWALK SYSTEM(56') EA 1.0 FW 4002 B PRECAST CONCRETE BOARDWALK SYSTEM(120') EA 1.0 Bid Summary Base Bid Unit 1 -Earthwork Unit 2-Suh reade Treatments and Base Unit 4-Structures Unit 5-Miscellaneous Constrction Unit 6-Lighting,Signing,Markings and Signals Unit 7-Special Specifications Total Base Bid Alternate Bid Total Alternate Rid Deductive Alternate Bid `mal Deductive Alternate Bid. Additive Alternate Bid Total'Additive Alternate Bid Total Bid CITY OF FORT WORTH Tnuity Trails Fat STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS7:0902-90-031 Form Revised 201201.20 Ciry Projca Number.02477 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Trinity Trails East will be received by the City of Fort Worth 5 Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 200 Texas St. 10 Fort Worth,Texas 76102 11 until 11:30 P.M. CST,Thursday,September 28,20171,and bids will be opened publicly and 12 read 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 trail, signage, 16 shared use bridge,shared use boardwalks,culverts,headwalls and railing. 17 18 PREQUALIFICATION 19 The improvements included in this project must be performed by a contractor who is pre- 20 qualified by the City and TxDOT approved at the time of bid opening.The procedures for 21 qualification and pre-qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO 22 BIDDERS. 23 24 DOCUMENT EXAMINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 26 of Fort Worth's Purchasing Division website at hM://www.fortworthtexas.goy/purchasing/and 27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 28 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 29 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 30 Parties Form 1295 and the form must be submitted to the Project Manager before the 31 contract will be presented to the City Council.The form can be obtained at 32 httns://www.ethics.state.tx.us/tec/1295-Info.htm . 33 34 PREBID CONFERENCE 35 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 36 BIDDERS at the following location,date,and time: 37 38 DATE: Monday, September 18,2017(Pre-Bid Meeting/Site-Visit) 39 40 TIME: 10:00 AM 41 42 PLACE: 4200 South Freeway, Suite 2200 43 Fort Worth,Texas 76115 44 45 LOCATION: Parks and Community Services Department office are located on the 2'floor of 46 the La Gran Plaza Shopping Mall. Enter at the South East entrance(near the five 47 flag poles),then take the stairs of elevator to the 21 floor. 48 49 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 22,2016 City Project Number:02477 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 SITE WALK THROUGH 3 4 DATE: Tuesday, September 19,2017 5 6 TIME: 9:00 AM 7 8 PLACE: Project site(exact location to be provided at Pre-Bid) 9 10 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 11 City reserves the right to waive irregularities and to accept or reject bids. 12 13 FUNDING 14 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 15 revenues generated from 2014 Capital Improvement Program,2014 Transportation Advancement 16 Program. 17 18 INQUIRIES 19 All inquiries relative to this procurement should be addressed to the following: 20 21 Attn: Clarence Bryant,City of Fort Worth 22 23 Email: clarence.bryantna,fortworthtexas.gov 24 25 Phone: (817)-392-7372 26 27 ADVERTISEMENT DATES 28 Wednesday, September 6,2017 29 Wednesday, September 13,2017 30 31 END OF SECTION CrrY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 22,2016 City Project Number:02477 002113-1 INSTRUCTIONS TO BIDDERS Page 1 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, firth,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(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https://projectpoint.buzzsaw.corn/fortworthaov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProaam/PREQUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 haps://i)rojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPaviniz 48 %20Contractor%2OPrequalification%2OProaam/PREQUALIFICATION%2OREQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 haps://yroiegVoint.buzzsaw.com/fortworthizov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 5 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProaam/WSS%20pre 6 qual%20requirements.doc?public 7 8 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 9 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 10 45 11,BIDDERS PREQUALIFICATIONS. 11 12 3.2.1. Submission of and/or questions related to prequalification should be addressed to 13 the City contact as provided in Paragraph 6.1. 14 15 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 16 bidder(s)for a project to submit such additional information as the City,in its sole 17 discretion may require,including but not limited to manpower and equipment records, 18 information about key personnel to be assigned to the project,and construction schedule, 19 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 20 deliver a quality product and successfully complete projects for the amount bid within 21 the stipulated time frame. Based upon the City's assessment of the submitted 22 information,a recommendation regarding the award of a contract will be made to the 23 City Council. Failure to submit the additional information,if requested,may be grounds 24 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 25 notified in writing of a recommendation to the City Council. 26 27 3.4.In addition to prequalification,additional requirements for qualification may be required 28 within various sections of the Contract Documents. 29 30 3.5.Special qualifications required for this project include the following: 31 32 33 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 34 35 4.1.Before submitting a Bid,each Bidder shall: 36 37 4.1.1. Examine and carefully study the Contract Documents and other related data 38 identified in the Bidding Documents(including"technical data"referred to in 39 Paragraph 4.2.below).No information given by City or any representative of the 40 City other than that contained in the Contract Documents and officially 41 promulgated addenda thereto, shall be binding upon the City. 42 43 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 44 site conditions that may affect cost,progress,performance or furnishing of the 45 Work. 46 47 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 48 progress,performance or furnishing of the Work. 49 50 51 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable"technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research,investigations,tests,borings,and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations,investigations,tests and studies. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion,and obtain all information 28 required to make a proposal.Bidders shall rely exclusively and solely upon their 29 own estimates,investigation,research,tests,explorations,and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings,if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents,but the"technical data"contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any"technical data" or 11 any other data,interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents,(iii)that Bidder has given City written notice of all 19 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 27 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way,easements,and/or permits,and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 200 Texas St. 20 Fort Worth,TX 76102 21 22 Attn: Clarence Bryant 23 Fax: (817)392-5754 24 Email: clarence.bryant(a),fortworthtexas.gov 25 Phone: (817)-392-7372 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at 31 hllp://www.fortworthtexas.goy/purchasing/ 32 33 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 34 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 35 Project. Bidders are encouraged to attend and participate in the conference. City will 36 transmit to all prospective Bidders of record such Addenda as City considers necessary 37 in response to questions arising at the conference. Oral statements may not be relied 38 upon and will not be binding or legally effective. 39 40 7. Bid Security 41 42 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 43 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 44 the requirements of Paragraphs 5.01 of the General Conditions. 45 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which,or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract,if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City,application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts.A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit 34 Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or 35 Good Faith Effort Form with documentation and/or Joint Venture Form as 36 appropriate. The Forms including documentation must be received by the City no 37 later than 2:00 P.M. CST,on the second business days after the bid opening date. The 38 Bidder shall obtain a receipt from the City as evidence the documentation was 39 received. Failure to comply shall render the bid as non-responsive. 40 41 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 42 or organization against whom Contractor has reasonable objection. 43 44 12. Bid Form 45 46 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 47 obtained from the City. 48 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words"No Bid," 5 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 13. Submission of Bids 39 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 40 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 41 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 42 envelope,marked with the City Project Number,Project title,the name and address of 43 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 44 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 45 envelope with the notation"BID ENCLOSED" on the face of it. 46 47 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 8 are opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded,City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 21,2015 City Project Number:02477 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 12 13 14 15 d CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 2.L CorLS I-med;Dn _ I a C By: or m i 0 is- %-Co r,,ard- 28 Company (Please int) 29 30 Po 001A 341 Signature: 31 Address 32 33 94%rAt IN ' WW1 51:1 Title: Pres;dcn+ 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised March 27,2012 City Project Number:xxxxx 0041 00 BID FORM Page i of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager Go:The Purchasing Division 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: East Fort Worth Extension City Project No.: CO2477 Units/Sections: Trinity Trails East 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20150821 City Project Number: CO2477 0041 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Paving b. Roadway and Pedestrian Lightling c. Water and Sanitary Sewer d. 4. Time of Completion 4.1 The Work will be complete for Final Acceptance within �.�GL� days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 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. 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 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20150821 City Project Number: CO2477 00 41 00 BID FORM Page 3 of 3 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. Total Base Bid $2,277,943.30 Total Bid $2,277,943.30 7. Bid Submittal This Bid is submitted on September 28,2017 by the entity named below. ectfully subm to Receipt is acknowledged of the ti following Addenda: Initial By: Addendum No. 1 �. (Signatu`to Addendum Na.2: Addendum No. 3: Dominick Leonardo lAddendum No.4: (Printed Name) Title: President Company: 2L Construction Corporate Seal: Address: P.O. Box 397 Rhome,Texas 76078 State of Incorporation: Email: Phone: 940-433-2670 END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20150821 City Project Number: CO2477 00 41 00 PROPOSAL FORM Page 1 of 2 SECTION 00 41 00 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Unit of No. Description Measure Bid Quantity Unit Price Bid Value 0100 6002 PREPARING ROW STA 70.0 $3,000.00 $210,000.00 0104 6028 gAWCUT,REMOVE CONCRETE PAVE SY 50.0 $25.00 $1,250.00 0110 6003 EXC;,'JATION SPECIAL CY 3127.7 $15.00 $46,915.50 0132 6006 EMBANKMENT FINAL DENS CONT TY C CY 10683.5 $17.00 $181,619.50 0134 6005 BACKFILLING PAVEMENT EDGES TY A CY 510.0 $70.00 $35,700.00 0162 6002 BLOCK SODDING BERMUDA SY 3817.0 $4.00 $15,268.00 0164 Fnn7 RROADCAST SEED PERM URBAN CLAY BERMUDA SY 10543.0 $0.40 $4,217.20 0164 6007 BROADCAST SEED PERM URBAN CLAY NATIVE AMERICAN-SHAD SY 5524.0 $0.70 $3,866.80 0164 6009 BROADCAST SEED TEMP WARM SY 500.0 $3.10 $1,550.00 0164 6011 BROADCAST SEED TEMP COOL SY 500.0 $3.10 $1,550.00 01686001 VEGEIATIVE WATERING MG 240.0 $65.00 $15,600.00 0251 6034 REWORK BS MTL TY C 8" ORD COMP SY 18231.0 $2.20 $40,108.20 0416 6002 DRILL SHAFT(24 IN) LF 88.0 $240.00 $21,120.00 0420 6014 CL C CONC(ABUT)(HPC) CY 43.0 $515.00 $22,145.00 0422 6016 APPROACH SLAB(HPC) CY 49.7 $400.00 $19,880.00 0432 6031 RIPRAP(STONE PROTECTION)(12 IN) CY 34.0 $150.00 $5,100.00 0432 6035 RIPRAP(STONE PROTECTION)(24 IN) CY '-1.0 $150.00 $19,200.00 0450 6051 RAIL(HANDRAIL)(TYPE E) LF 668.0 $140.00 $93,520.00 0462 6008 CONC BOX CULV 5 FT X 4 FT LF 24.0 $450.00 $10,800.00 04646018 RC PIPE Cf [V,,,24 NI) LF 60.0 $110.00 $6,600.00 04666005 HEADWALL CH-FW-0)(DIA=24) EA 2.0 $1,700.00 $3,400.00 0466 6050 HEADWALL CH-FW-45)(DIA=24) EA 2.0 $2,000.00 $4,000.00 04666153 WINGWALL FW-0)(HW=6 FT EA 1.0 $6,000.00 $6,000.00 04666181 WINGWALL PW-1)(HW=6 FT EA 1.0 $15,000.00 $15,000.00 0496 6043 REMOVE STR SMALL FENCE LF 20.0 $10.00 $200.00 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20120120 City Project Number:02477 00 41 00 PROPOSAL FORM Page 2 of 2 SECTION 00 41 00 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal 4 Description Unit of Bid Quantity Unit Price Bid Value Measure MOBILIZATION LS 1.0 $130,000.00 $130,000.00 0502 600'. BARICADES,SIGNS AND TRAFFIC HANDLINGS MO 10.0 $1,600.00 $16,000.00 0506' ROCK FILTER DAMS INSTALL)(TY1) LF 40.0 $54.00 $2,160.00 0506 6.:` ROCK FILTER DAMS REMOVE)(TY1) LF 40.0 $18.00 $720.00 0506 6020 CONSTRUCTION EXIT INTALL TY 1 SY 330.0 $15.00 $4,950.00 0506 6024 CONSTRUCTION EXIT REMOVE TY 1 SY 330.0 $10.00 $3,300.00 0506 6038 INSTALL SDMT CONT FENCE LF 15052.0 $1.80 $27,093.60 0506 6039 REMOVE SDMT CONT FENCE LF 15052.0 $0.50 $7,526.00 0506 6041 INSTALL BIODEGRADABLE EROSION CONTROL LOG LF 132.0 $8.20 $1,082.40 0506 6043 REMOVE BIODEGRADABLE EROSION CONTROL LOG LF 132.0 $3.30 $435.60 0531 6002 CONC SIDEWALKS S' SY 18231.0 $50.50 $920,665.50 0644 6001 IN SM RD SN&AM TY 10BWG 1 SAP EA 36.0 $400.00 $14,400.00 FW 4001 PREFAB STEEL TRUSS SPAN(80 LF) EA 1.0 $115,000.00 $115,000.00 FW 4002 A PRECAST CONCRETE BOARDWALK SYSTEM(56') EA 1.0 $65,000.00 $65,000.00 FW 4002 B PRECAST CONCRETE BOARDWALK SYSTEM(120') EA 1.0 $185,000.00 $185,000.00 Bid Summary Base Bid Unit 1 -Earthwork 5517.537 00 Unit 2-Suta reade Treatments and Base 540.108 20 Unit 4-Structures S226,96500 Unit 5-Miscellaneous Constrction $1,113.933.0 Unit 6-Lighting,Signing,Markings and Signals $'14.400.00 Unit 7-Special Specifications $365.000.00 Total Base Bidl $2,277,943.30 Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deductive Alternate Bid Additive Alternate Bid Total Additive Alternate Bid Total Bidl $2,277,943.30 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Form Revised 20120120 City Project Number:02477 PHILADELPHIA Philadelphia Indemnity Insurance Company 13 INSURANCE COMPANIES One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 A Alembef of the Tokia Wine Group BID BOND KNOW ALL PERSONS BY THESE PRESENTS, That we, 21-Construction,LLC Principal, and PHILADELPHIA INDEMNITY INSURANCE COMPANY, a corporation authorized to transact a general surety business in the State of Texas, as Surety, are held an firmly bound unto City of Fort Worth,Parks&Comm Sery (hereinafter called the Obligee)in the full and just sum of Five Percent of the Greatest Amount Bid $3,100,000.00 ($ 5'00% ) for the payment whereof in lawful money of the United States , we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the said PRINCIPAL has submitted the accompanying bid for: Trinity Trails East,Fort Worth,TX NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 22nd day of September ,2017 ZL Principal(Seal) PHILADELPHIAINDEMNITYINSURANCE COMPANY 6AA&ld d� Audra Sullivan Attorney-In-Pact(Seal) 52 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Audrn Sullivan of Vogue Insurance Agency,its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIKED BY ITS AUTHORIZED OFFICE THIS 14Tx DAY OF NOVEMBER,2016. ` . i�s 1927 (Seal) ^ Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10 day of November,2016,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument ms the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed COMM TN F N a11V MMulat Sr Nora Howard,Nddry►aalle lower Marta Twp,Montacmarr Ceuarr Mr caantuaa"M JI- a,nu �w "'•`�••" `�"`� Notary Public: a� residing at: Bala Cymwyd PA (Notary Seal) My commission expires: January 8.20 18 I,Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 day of November,2016 are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile/steal of each Company this 22ND day of 5EPjXA48SR ,20jj__• a k.•.�'.�'.+fA,'f�.:psi i s" = 1927 .- n Edward Sayago,Corporate Secretary PHILADELPHIA INDENINIITY INSURANCE COMPANY Control: 0902-90-031 Project: STP 2016(611)TP 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.Alteration of a sealed document without proper notification to the responsible engineer is an offence under the Texas Engineering Practice." DSCgpFgP • o Buc• ,may iu: :n tP'• 51 ;Q� a. Note:TuDOT Specifications shall govern over all other specifications on this project. 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,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/tmpermit/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. Prequal fication 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number.02477 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact,independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 0045 l2-1 PREQUALIFICATION STATEMENT Page I of 1 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s)listed. 6 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Earthwork Subgrade Treatments and Base L L,4Nc47br StructuresEO -/ Miscellaneous Construction ^1 Lig ng, C Signage, ��`G4^^" Mar gs and Sign Special �� ! S ecifications C��/� 6YN i 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 14 ZL Cpn5tr uausn L c.. By: Dominick Uoncir 15 Company (Please Pri t) 16 17 Po emotAl Signature: 18 Address 19 20 punbmc -M -IW016 Title: Pres:dmnt 21 City/State/Zip (Please Print) 22 23 Date: 24 25 END OF SECTION 26 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 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. _-%-_-. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 I I ,ai,� G�i pY� L,G G By: f ry 12 Comp lease PI 13 14 �&2y -oq Signature: 15 Address 16 17 Title: 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 �QW�iV�ic t` L,-C41^W'4Z ,known to me to be the person whose name is 27 subscribed to the foregoing i trument and a4nowledged to me that he/she executed the same as 28 the act and deed of lyn for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UN ER MY HAND AND SEAL OF OFFICE this ?15 day of 32 ,2017 33 34 35 A7L1? 36 Notary Public in and for the State of Texas 37 38 END OF SECTION E=::] . BRUCE•STATE OF TEXAS72388-039 6-30-2020 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on 12/12/2017 is made by and between the City of Forth 5 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 6 ("City"), and 2L Construction,LLC, authorized to do business in Texas, acting by and through its 7 duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Trinity Trails East 17 City Project No.CO2477 18 Article 3.CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount, in current funds, of Two Million,Two Hundred Seventy-Seven Thousand, 21 Nine Hundred Forty-Three and 30/100 Dollars($2.277.943.30). 22 Article 4. CONTRACT TIME 23 4.1 Final Acceptance. 24 The Work will be complete for Final Acceptance within 300 calendar days after the date 25 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General 26 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 27 General Conditions. 28 4.2 Liquidated Damages 29 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34 instead of requiring any such proof, Contractor agrees that as liquidated damages for 35 delay (but not as a penalty), Contractor shall pay the dollar amount established in 36 Special Provision to Item 000 for each day that expires after the time specified in 37 Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-90-031 Revised 11.15.17 City Project Number:02477 005243-2 Agreement Page 2 of 5 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non-Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents(project speck) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Form(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE and/or SBE Utilization Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued,become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 72 Article 6. INDEMNIFICATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 74 expense, the city, its officers, servants and employees, from and against any and all 75 claims arising out of, or alleged to arise out of,the work and services to be performed 76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 77 under this contract. This indemnification provision is specifically intended to operate 78 and be effective even if it is alleged or proven that all or some of the damages being 79 sought were caused,in whole or in part, by any act, omission or negligence of the city. 80 This indemnity provision is intended to include, without limitation, indemnity for 81 costs,expenses and legal fees incurred by the city in defending against such claims and 82 causes of actions. 83 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-90-031 Revised 11.15.17 City Project Number:02477 005243-3 Agreement Page 3 of 5 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 85 the city,its officers,servants and employees,from and against any and all loss,damage 86 or destruction of property of the city,arising out of,or alleged to arise out of,the work 87 and services to be performed by the contractor, its officers, agents, employees, 88 subcontractors, licensees or invitees under this contract. This indemnification 89 provision is specifically intended to operate and be effective even if it is alleged or 90 proven that all or some of the damages being souEht were caused, in whole or in part, 91 by any act,omission or negligence of the city. 92 93 Article 7.MISCELLANEOUS 94 7.1 Terms. 95 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 96 have the meanings indicated in the General Conditions. 97 7.2 Assignment of Contract. 98 This Agreement, including all of the Contract Documents may not be assigned by the 99 Contractor without the advanced express written consent of the City. 100 7.3 Successors and Assigns. 101 City and Contractor each binds itself, its partners, successors, assigns and legal 102 representatives to the other party hereto, in respect to all covenants, agreements and 103 obligations contained in the Contract Documents. 104 7.4 Severability. 105 Any provision or part of the Contract Documents held to be unconstitutional, void or 106 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 107 remaining provisions shall continue to be valid and binding upon CITY and 108 CONTRACTOR. 109 7.5 Governing Law and Venue. 110 This Agreement, including all of the Contract Documents is performable in the State of 111 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 112 Northern District of Texas,Fort Worth Division. 113 7.6 Authority to Sign. 114 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 115 than the duly authorized signatory of the Contractor. 116 117 7.7 Prohibition On Contracts With Companies Boycotting Israel. 118 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 119 Code, the City is prohibited from entering into a contract with a company for goods or 120 services unless the contract contains a written verification from the company that it: (1) 121 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-90-031 Revised 11.15.17 City Project Number:02477 005243-4 Agreement Page 4 of 5 122 The terms "boycott Israel"and "company" shall have the meanings ascribed to those terms 123 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 124 certifies that Contractor's signature provides written verification to the City that 125 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of 126 the contract. 127 128 7.8 Immigration Nationality Act. 129 Contractor shall verify the identity and employment eligibility of its employees who 130 perform work under this Agreement, including completing the Employment Eligibility 131 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 132 all I-9 forms and supporting eligibility documentation for each employee who performs 133 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 134 establish appropriate procedures and controls so that no services will be performed by any 135 Contractor employee who is not legally eligible to perform such services. 136 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 137 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 138 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 139 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 140 Contractor, shall have the right to immediately terminate this Agreement for violations of 141 this provision by Contractor. 142 143 7.9 No Third-Party Beneficiaries. 144 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 145 and there are no third-party beneficiaries. 146 147 7.10 No Cause of Action Against Engineer. 148 Contractor,its subcontractors and equipment and materials suppliers on the PROJECT or their 149 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 150 subcontractors, for any claim arising out of, in connection with, or resulting from the 151 engineering services performed. Only the City will be the beneficiary of any undertaking by 152 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 153 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 154 in any way responsible for those duties that belong to the City and/or the City's construction 155 contractors or other entities, and do not relieve the construction contractors or any other 156 entity of their obligations, duties, and responsibilities, including, but not limited to, all 157 construction methods, means, techniques, sequences, and procedures necessary for 158 coordinating and completing all portions of the construction work in accordance with the 159 Contract Documents and any health or safety precautions required by such construction 160 work. The Engineer and its personnel have no authority to exercise any control over any 161 construction contractor or other entity or their employees in connection with their work or 162 any health or safety precautions. 163 164 SIGNATURE PAGE TO FOLLOW 165 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0902-90-031 Revised 11.15.17 City Project Number:02477 005243-5 Agreement Page 5 of 5 166 167 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 168 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 169 Date"). 170 Contractor: City of Fort Worth 2L Construction,LLC I &Q By: Susan Alanis By: Assistant City Manager (Signatur Date Don+ 6t e-lt L Gon a rclo Attest: F�R r � (Printed Name) City Secret ,,0 Title: (Seal) U _ Address: P.O.Box 397 M&C C-28519 �AS Date: 12/12/2017 g . Form 1295 No.2017-276747 City/State/Zip: Rhome,Texas 76078 Contract Compliance Manager: By signing, I acknowledge that I am the person 3 — ' responsible for the monitoring and Date administration of this contract,including ensuring all perforrna>xce and reporting rcc�jrelnerrts. l Cl nce B ,r 1r,I oject Manager Aoved as fo Form and Legality: N, t Douglas W. Black Assistant City Attorney 171 172 APP V E 173 174 175 ichard Zavala 176 lark RECTOR. 177 and Recreation Department 178 OFFICIAL REf'"'.77" CITY OF FORT WORTH CITY SECRETARY Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FTS WORT TX CSJ: 0902-90-031 Revised 11.15.17 City Project Number:02477 PB12471500004 006113-1 PERFORMANCE BOND Page l of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,2LConstruction,onstruction,LI,C,known as"Principal'herein and 9 Philadelphia Indemnity 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 Texas,known as"City"herein,in the penal sum of,TWO M I LLION, 13 TWO HUNDRED SEVENTY-SF,VEN Tl1OUSAND NINE. HUNDRKD FORTY-THRF,F. 14 AND 301101)DOLLARS($2,277,993.3111,lawful money of the United States,to be paid in Fort 15 Worth,Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 16 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the 12th day of.L)cceinber,2017,which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein,to fiirmsh all materials,equipment labor and 21 other accessories defined by law,in the prosecution of the Work, including any Change Orders, 22 as provided for in said Contract designated as Trinity Trails East,City Project No,02477. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Trinity'Frails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI:0902-90-031 Revised July 1,2011 City Project No.02477 0061 13-2 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 the. 29 day of 6 December .20 17 7 PRINCIPAL: 8 2L Construction,LLC 9 10 11 BY: . 12 Signature 13 ATTEST: 14 15 16 r.Yc �_�,. Dominick Leonardo.President 16 (Principal)Se edi tary Name and Title } 17 18 Address P.O.BOX 397 19 Rhome,Texas 76078 20 21 22 Witness as to Principal 23 SURETY: 24 Philadelphia Indemnity Insurance Company 25 „ j 26 27 BY: . 28 Signature 29 30 Audra Sullivan Attomey-In-Fact 31 Name and Title 32 33 Address: 1210 N Watson ad Suite 287 34 01 Arlington Texas 76006 35 36 0. 37 Witnes as to Sure Telephone Number: 682-305-2140 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project No.02477 PB12471500004 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, 2L Construction, LLC, known as "Principal" herein, and 8 Philadelphia Indemnity Insurance Company A 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 TWO MILLION TWO HUND IM) SEVENTY-SEVFN T110I1SANI) NINC 13 HUNDRED FORTY-THRF,F AND 30/100 DOLLARS ($2,277,943.30), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 12th day of Decenibel 2017, 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 Trinity Trails East,City ProjectNo.02477. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised My 1,2011 City Project No.02477 0061 14-2 PAYMENTBOND 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 29 day of 3 December ,20 17 4 PRINCIP. ATTEST: BY: Si4D ature Dominica Leonardo.Presideltt (Principal)gecretary Name and Title Address: P.O.BOX 397 Ithome,Texas 76078 Witness as to Principal SURETY: Philadelp ' Indemnity InsuranceCompany ATTEST: BY: lgnature Audra Sullivan Attorney-In-Fact (Surety)Secretary Name and Title Address: 1201 N Watson Rd Suite 287 Arlington Texas 76006 Witne as to Surety Telephone Number: 682-305-2140 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project No.02477 PB12471500004 006119-1 MAINTENANCE BOND Page 1 of 3 11 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we 21..Construction,L J C,known as"Principal"herein and 9 Phil adel phi alndemnity I nsurance 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 TWO 13 MILLION,TWO 11UND121:D SEVENTY-SEVEN THOUSAND,NINE HUNDRED 4 FORTY-THREE AND 30/109 DOLLARS($2,277,943.30)lawful money of the United States, 15 to be paid in Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be 16 made unto the City and its successors,we bind ourselves,our heirs,executors,administrators, 17 successors and assigns,jointly and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 12th day of December,2017,which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 22 accessories as defined by law,in the prosecution of the Work,including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work")as provided for in said contract 24 and designated as Trinity Trails East,City Project No.02477;and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship f'or and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period, 34 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July I,2011 City Project No.02477 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project No.02477 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 3 day of 3 20 Ig . 4 5 PRINCIPAL: 6 2L Construction,LLC 8 9 BY: 10 Signature 11 ATTEST: 12 13 w_Q 1v - Dominick Leonardo,President 14 (Principal)pal)S� Name and Title 15 16 Address:P.O.BOX 397 17 Rhome.Texas 76078 18 19 20 Witness as to Principal 21 SURETY: ti 22 Philadelphia Indemnity Insurance Comore 23 4 _ 24 25 BY: _ = 26 Signature - 27 28 Audra Sullivan Attorney-In-Fact 29 ATTEST: Name and Title 30 31 Address: 1201 N Watson Rd Suite 287 32 (Sur ty)Secretary Arlington Texas 76006 33 34 35 Withess as to Surety 0 Telephone Number: 682-305-2140 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 OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July t,2011 City Project No.02477 51 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS:That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint Audra Sullivan of Vogue Insurance Agency,its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November,2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFD(ED BY ITS AUTHORIZED OFFICE THIS le DAY OF NOVEMBER,2016. - 1927 (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 10 day of November,2016,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. e0XN N V Notar4l Sr Naa XewuO,NoOtry�uOXe it n T.,Nontpan Court{ brNMt ru hn. au Notary Public: residing at: Bala Cynwyd PA (Notary Seal) My commission expires: January 8,2018 1.Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14'"day of November,2016 are true and correct and are still in full force and effect.I do further certify that Robert D.O Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 29 day of December 20 17 Edward Sayago,Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY West, Jennifer From: kim@vogueinsuranceagency.com Sent: Thursday,January 4,2018 1:33 PM To: West,Jennifer Cc: 'Chip Fisher',Audra Sullivan Subject: 2L Construction Bond Info Attachments: 0911_001.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged Good Afternoon Jennifer, Please find the attached replacement pages for Page 1 of the following: Page 1 of the Payment Bond 006114-Bond#PB12471500004 Page 1 of the Maintenance Bond 006119-Bond#PB12471500005 Page 1 of the Performance Bond 006113-Bond#PB12471500006 Please also update page 3 of the Maintenance Bond 006119-Bond#PB12471500005 to reflect the date January 3`d, 2018. This email gives you the authority to add the date on page 3 of the Maintenance Bond 006119 on our behalf. Let me know if you need any additional information. Thank you, Kim Morey Account Manager Vogue Insurance Agency 682-305-2140 P 682-305-2141 F 682-777-8022 C 0 Virus-free. www.avast.com 1 West, Jennifer From: kim@vogueinsuranceagency.com Sent: Tuesday,January 9, 2018 11:13 AM To: West,Jennifer Subject: 2L Construction Attachments: 2L Corrected Bond Info.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged Good Morning Jennifer, The bond company reached out to us and said that all of these bonds were to have the same bond number since they are covering the same project. Please find the updated 1St pages of all 3 bonds. Let me know if you have any questions. Thank you, Kim Morey Account Manager Vogue Insurance Agency, LLC 1201 N Watson Rd Suite 287 Arlington Texas 76006 kim@vogueinsuranceagency.com 682-305-2140 P 682-305-2141 F 682-777-8022 C =� Virus-free. www.avast.com 1 -----a% -► CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/WYY) 12128/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s PRODUCER NAME'CONTACT Audra Sullivan Vogue Inusurance Agency,LLC PHONE., . : (682)305-2140 WC,Nor (682)305-2141 1201 N.Watson Rd. Ste#287 ADDDRESS: audra(&_vogueinsuranceagency.com Arlington,TX 76006 _ ---INSURER(S)AFFORDING COVERAGE NAICA INSURERA: Evanston Ins Co INSURED 2L Construction INSURER B: Progressive CountMutual lns.COA+ 29203 INSURERC: StarStone SpeciallyInsurance Company Donnie Leonardo INSURERD: Texas Mutual Ins. Co. 22945 200 Boyd Business Pkwy Boyd,TX 76023 INSURER E: Travelers Insurance 10647 INSURER F COVERAGES CERTIFICATE NUMBER: 0000000034653 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY MMILDI D EXP LIMITS LTR A X COMMERCIAL GENERAL LLABILITY 3C52251 06/07/2017 06/07/2018 EACH OCCURRENCE E 1,000,000 �OCCUR DAMAGES(RENTED CLAIMS-MADE PREMISES(.Ea occurrence) a 100,000 X XCU Included MED EXP(Any one person) $ 5,000 X Contractual Liabili PERSONAL&ADV INJURY_ _ $ _1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X I ECTPRC- r]LOC PRODUCTS-COMROP AGG S_ .,2,000,000 -� -- -------__ $OTHER: B AUTOMOBILE LIABILITY 06206223.0 06/07/2017 06/07/2016 EMdTtSINGLE LIMIT y 11000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY X AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAR __ OCCUR Y74712170ALI 06/07/2017 06/07/2018 EACH OCCURRENCE $ 2,000,000 EXCESS LUU3 CLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,000 1 $ D WORKERS COMPENSATION 0001270768 06/07/2017 06/07/2018 X STATUTE ERI PER H AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEPJEXECUTNE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICERMEMBEREXCLUDED? F—NNIA (Mandatory in NH) E.L.DISEASE EAEMPLOYE $ 1,000,000 If Yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT E 1,000,000 E Contractor's Equipme QT 660 2F257751 06/07/2017 06/07/2018 Actual cash value: $1,000 Floater Leased/Rented Equip $300,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if mon apace is required) Re:Trinity Trails East Bank Extension,project#002477 City of Fort Worth is named as additional insured as required by written contract. Coverage is primary.City of Fort Worth is granted a waiver of subrogation on the worker's compensation policy. 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 St. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE AIS ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Printed by AIS on December 28,2017 at 05:36PM STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmaryZ2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................l 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 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 Manager ............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebjmyZ 2016 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ...................................:....................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehua►yZ 2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 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 SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case 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 SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 00 72 00-1 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of 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 SPECIFICATION DOCUMENTS Revision:FdxuaryZ 2016 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 Manager—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 SPECIFICATION DOCUMENTS Revision:FebnoyZ 2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 00 72 00-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform,Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor,materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time,Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmazyZ 2016 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 SPECIFICATION DOCUMENTS Revision:Febnrmy2,2016 0072 00-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c)any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnimyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents,or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdmimy2,2016 007200-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are filrnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuary2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 0072 00-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City,during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. ndicated.1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmazyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 00 72 00-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and(iii) notify City(and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February Z 2016 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 SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 00 72 00-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers'Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations,personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuary2,2016 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 SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 0072 00-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febm ay 2,2016 00 72 00-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FelmaryZ 2016 0072 00-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to famish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified;and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmazyZ2016 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair,and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal"or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractors Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 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. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City,provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnoyZ2016 0072 00-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penaltyfor Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehumy2,2016 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 11 th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniffy Z 2016 00 72 00-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 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-fomis.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnanyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning. Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 00 72 00-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage,injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 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 SPECIFICATION DOCUMENTS Revision:FebnmyZ 2016 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 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 SPECIFICATION DOCUMENTS Revision:Febnoy 2,2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents,papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehumy2,2016 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 VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 00 7200-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements,Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 00 72 00-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Clarence Bryant, or his/her successor pursuant to written notification from the Director of Park and Recreation Department. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febrmy Z 2016 0072 00-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13,whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Per Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fc numy2,2016 00 72 00-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebrumyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim,with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal(unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor,if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim,such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmazyZ 2016 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.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.0 LB, 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. CIIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn=yZ 2016 0072 00-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities,fuel,and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnayZ2016 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 11.0I.A.1 or specifically covered by Paragraph 11.0 LAA, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnwyZ 2016 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnoyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under"Price and Payment Procedures"varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item,except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnimyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts,the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee;or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.0l.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 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmacyZ 2016 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 11.0LA.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnoyZ 2016 00 72 00-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material,and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing,observing,and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering,exposure,observation,inspection,testing,replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 00 72 00-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor,any Supplier,any other individual or entity,or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee,if any,on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work,to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdan=yZ 2016 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnimyZ 2016 0072 00-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnjmyZ2016 0072 00-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or 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 SPECIFICATION DOCUMENTS Revision:Feh uxyZ 2016 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 SPECIFICATION DOCUMENTS Revision:Febmazy Z 2016 00 72 00-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any 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 SPECIFICATION DOCUMENTS Revision:Felauazy2,2016 00 72 00-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled;and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 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 TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time,directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnoyZ 2016 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.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City;or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily;or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary2,2016 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 SPECIFICATION DOCUMENTS Revision:FdxuaryZ 2016 00 72 00-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City,terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim,demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination;and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmry2,2016 00 72 00-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City,any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and fiunishing 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 SPECIFICATION DOCUMENTS Revision:FebNazy2,2016 00 72 00-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 00 72 00-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy Z 2016 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 SC4.01A 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 SC4.02A.,"Subsurface and Physical Conditions" 34 35 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 36 37 A Geotechnical Investigations Report No. 117-17-217,dated May 24,2017,prepared by CMJ Engineering, 38 [optional note when applicable]a sub-consultant of[HaffAssociates], a consultant of the City,providing 39 additional information on Trinity Trails East Geotechnical Studies 40 41 The following are drawings of physical conditions in or relating to existing surface and subsurface 42 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 43 None 44 45 SC4.06A.,"Hazardous Environmental Conditions at Site" 46 47 The following are reports and drawings of existing hazardous environmental conditions known to the City: 48 TBD 49 50 SC-5.03A.,"Certificates of Insurance" 51 52 The entities listed below are"additional insureds as their interest may appear"including their respective 53 officers,directors,agents and employees. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 2 (1) City 3 (2) Consultant: None 4 (3) Other: None 5 6 SC-5.04A.,"Contractor's Insurance" 7 8 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 9 coverages for not less than the following amounts or greater where required by laws and regulations: 10 11 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 12 13 Statutory limits 14 Employer's liability 15 $100,000 each accident/occurrence 16 $100,000 Disease-each employee 17 $500,000 Disease-policy limit 18 19 SC-5.04B.,"Contractor's Insurance" 20 21 5.04B.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 22 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 23 minimum limits of: 24 25 $1,000,000 each occurrence 26 $2,000,000 aggregate limit 27 28 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 29 General Aggregate Limits apply separately to each job site. 30 31 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 32 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 33 34 SC 5.04C.,"Contractor's Insurance" 35 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 36 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 37 38 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 39 defined as autos owned,hired and non-owned. 40 41 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 42 least: 43 44 $250,000 Bodily Injury per person/ 45 $500,000 Bodily Injury per accident/ 46 $100,000 Property Damage 47 48 SC-5.04D.,"Contractor's Insurance" 49 50 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 51 material deliveries to cross railroad properties and tracks:None 52 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 2 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 3 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 4 Entry Agreement"with the particular railroad company or companies involved,and to this end the 5 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 6 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 7 to the Contractor's use of private and/or construction access roads crossing said railroad company's 8 properties. 9 10 The Contractual Liability coverage required by Paragraph 5.041)of the General Conditions shall provide 11 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 12 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 13 occupy,or touch railroad property: 14 15 (1) General Aggregate: $Confirm Limits with Railroad 16 17 (2) Each Occurrence: $Confirm Limits with Railroad 18 19 20 With respect to the above outlined insurance requirements,the following shall govern: 21 22 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 23 the name of the railroad company. However, if more than one grade separation or at-grade 24 crossing is affected by the Project at entirely separate locations on the line or lines of the same 25 railroad company,separate coverage may be required,each in the amount stated above. 26 27 2. Where more than one railroad company is operating on the same right-of-way or where several 28 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 29 may be required to provide separate insurance policies in the name of each railroad company. 30 31 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 32 railroad company's right-of-way at a location entirely separate from the grade separation or at- 33 grade crossing,insurance coverage for this work must be included in the policy covering the grade 34 separation. 35 36 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 37 way,all such other work may be covered in a single policy for that railroad,even though the work 38 may be at two or more separate locations. 39 40 No work or activities on a railroad company's property to be performed by the Contractor shall be 41 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 42 for each railroad company named,as required above. All such insurance must be approved by the City and 43 each affected Railroad Company prior to the Contractor's beginning work. 44 45 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 46 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 47 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 48 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 49 railroad company operating over tracks involved in the Project. 50 51 SC-6.04.,"Project Schedule" 52 53 Project schedule shall be tier 3 for the project. 54 55 SC-6.07.,"Wage Rates" CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 2 The following is the prevailing wage rate table(s)applicable to this project and is provided in: 3 4 Section 02 TxDOT Requirements. 5 6 SC-6.09.,"Permits and Utilities" 7 8 SC-6.09A.,"Contractor obtained permits and licenses" 9 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 10 None 11 12 SC-6.09B."City obtained permits and licenses" 13 The following are known permits and/or licenses required by the Contract to be acquired by the City:None 14 15 SC-6.09C."Outstanding permits and licenses" 16 17 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of July 14, 18 2017 19 20 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 21 22 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 23 24 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 25 (hereinafter referred to as the"Contractor")agrees as follows: 26 27 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to 28 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, 29 "DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, 30 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 31 of this contract. 32 33 2. Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall 34 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 35 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not 36 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 37 Regulations,including employment practices when the contract covers a program set forth in 38 Appendix B of the Regulations. 39 40 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all 41 solicitations either by competitive bidding or negotiation made by the contractor for work to be 42 performed under a subcontract,including procurements of materials or leases of equipment,each 43 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 44 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 45 national origin. 46 47 4. Information and Reports:The Contractor shall provide all information and reports required by the 48 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 49 accounts,other sources of information and its facilities as may be determined by City or the Texas 50 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 and instructions.Where any information required of a contractor is in the exclusive possession of 2 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 3 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 4 obtain the information. 5 6 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 7 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 8 Texas Department of Transportation may determine to be appropriate,including,but not limited to: 9 10 a. withholding of payments to the Contractor under the Contract until the Contractor 11 complies,and/or 12 b. cancellation,termination or suspension of the Contract,in whole or in part. 13 14 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through 15 (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt 16 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 17 respect to any subcontract or procurement as City or the Texas Department of Transportation may 18 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 19 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a 20 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 21 such litigation to protect the interests of City,and,in addition,the contractor may request the United 22 States to enter into such litigation to protect the interests of the United States. 23 24 Additional Title VI requirements can be found in the Appendix. 25 26 SC-7.02.,"Coordination" 27 28 The individuals or entities listed below have contracts with the City for the performance of other work at 29 the Site: 30 Vendor Scope of Work Coordination Authority None 31 32 33 SC-8.01,"Communications to Contractor" 34 35 None 36 37 SC-9.01.,"City's Project Manager" 38 39 The City's Project Manager for this Contract is Clarence Bryant,or his/her successor pursuant to written 40 notification from the Director of Park Recreation Department. 41 42 SC-13.03C.,"Tests and Inspections" 43 44 None 45 46 SC-16.01C.1,"Methods and Procedures" 47 48 None 49 50 51 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F Griffin SC-9.01 City's Project Representative"wording changed to City's Project Manager CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised January 22,2016 City Project Number:02477 DIVISION O1 -GENERAL REQUIREMENTS 011100-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 011100 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0-Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor,materials,and equipment,and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 011100-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 011100-3 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 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 from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include,but are not necessarily limited to: 17 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 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 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 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 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 rime? 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013119-1 PRECONSTRUCTION MEETING Page I of 3 1 SECTION 013119 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 17,2012 City Project Number:02477 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. 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 in. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 17,2012 City Project Number:02477 013119-3 PRECONSTRUCTION MEETING Page 3 of 3 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 13 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised August 17,2012 City Project Number:02477 013120-1 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 Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 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 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 38 a. Contractor CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised Judy 1,2011 City Project Number:02477 013120-2 PROJECT MEETINGS Page 2 of 3 1 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- 11 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 R 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013120-3 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 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] 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 23 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013216-1 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. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract,but will require some 25 milestone dates. Small,brief duration projects 26 c. Tier 3 -Schedule submittal required by contract as described in the 27 Specification and herein.Majority of City projects,including all bond program 28 projects 29 d. Tier 4-Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5-Schedule submittal required by contract as described in the 34 Specification and herein.Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule -Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule -Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 0132 16-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes,expected delays,key schedule issues,critical path items,etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler)responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders,resulting in a change of contract time,in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met; or when so directed by the City,make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day,working 37 days per week,the amount of construction equipment,or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities,and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades),equipment and work schedule(overtime,weekend and holiday 44 work,etc.)to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 0132 16-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 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. 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. 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. 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 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 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013216-4 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013216-5 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 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 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. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment,including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013233-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 013300-1 SUBMITTALS Page 1 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-2 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 %2 inches x 11 inches to 8 %2 inches x 11 inches. 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-3 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: 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-4 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-5 SUBMITTALS Page 5 of 8 1 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) Distributed 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-6 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 1 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-7 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. 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013300-8 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number.02477 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes,but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives,Drop Weight,Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include,but are not necessarily limited to: 21 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 —General Requirements 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 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 2. All other items 39 a. Work associated with these Items is considered subsidiary to the various Items 40 bid. No separate payment will be allowed for this Item. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 1.3 REFERENCES 2 A. Reference Standards 3 1. Reference standards cited in this Specification refer to the current reference 4 standard published at the time of the latest revision date logged at the end of this 5 Specification,unless a date is specifically cited. 6 2. Health and Safety Code,Title 9. Safety,Subtitle A.Public Safety, Chapter 752. 7 High Voltage Overhead Lines. 8 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 9 Specification 10 1.4 ADMINISTRATIVE REQUIREMENTS 11 A. Coordination with the Texas Department of Transportation 12 1. When work in the right-of-way which is under the jurisdiction of the Texas 13 Department of Transportation(TxDOT): 14 a. Notify the Texas Department of Transportation prior to commencing any work 15 therein in accordance with the provisions of the permit 16 b. All work performed in the TxDOT right-of-way shall be performed in 17 compliance with and subject to approval from the Texas Department of 18 Transportation 19 B. Work near High Voltage Lines 20 1. Regulatory Requirements 21 a. All Work near High Voltage Lines(more than 600 volts measured between 22 conductors or between a conductor and the ground) shall be in accordance with 23 Health and Safety Code,Title 9, Subtitle A,Chapter 752. 24 2. Warning sign 25 a. Provide sign of sufficient size meeting all OSHA requirements. 26 3. Equipment operating within 10 feet of high voltage lines will require the following 27 safety features 28 a. Insulating cage-type of guard about the boom or arm 29 b. Insulator links on the lift hook connections for back hoes or dippers 30 C. Equipment must meet the safety requirements as set forth by OSHA and the 31 safety requirements of the owner of the high voltage lines 32 4. Work within 6 feet of high voltage electric lines 33 a. Notification shall be given to: 34 1) The power company(example: ONCOR) 35 a) Maintain an accurate log of all such calls to power company and record 36 action taken in each case. 37 b. Coordination with power company 38 1) After notification coordinate with the power company to: 39 a) Erect temporary mechanical barriers,de-energize the lines,or raise or 40 lower the lines 41 c. No personnel may work within 6 feet of a high voltage line before the above 42 requirements have been met. 43 C. Confined Space Entry Program 44 1. Provide and follow approved Confined Space Entry Program in accordance with 45 OSHA requirements. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 0135 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 2. Confined Spaces include: 2 a. Manholes 3 b. All other confined spaces in accordance with OSHA's Permit Required for 4 Confined Spaces 5 D. Air Pollution Watch Days 6 1. General 7 a. Observe the following guidelines relating to working on City construction sites 8 on days designated as"AIR POLLUTION WATCH DAYS". 9 b. Typical Ozone Season 10 1) May 1 through October 31. 11 c. Critical Emission Time 12 1) 6:00 a.m. to 10:00 a.m. 13 2. Watch Days 14 a. The Texas Commission on Environmental Quality(TCEQ),in coordination 15 with the National Weather Service,will issue the Air Pollution Watch by 3:00 16 p.m. on the afternoon prior to the WATCH day. 17 b. Requirements 18 1) Begin work after 10:00 a.m. whenever construction phasing requires the 19 use of motorized equipment for periods in excess of 1 hour. 20 2) However,the Contractor may begin work prior to 10:00 a.m. if- 21 £21 a) Use of motorized equipment is less than 1 hour,or 22 b) If equipment is new and certified by EPA as "Low Emitting",or 23 equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions,or 24 alternative fuels such as CNG. 25 E. TCEQ Air Permit 26 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 27 F. Use of Explosives,Drop Weight,Etc. 28 1. When Contract Documents permit on the project the following will apply: 29 a. Public Notification 30 1) Submit notice to City and proof of adequate insurance coverage,24 hours 31 prior to commencing. 32 2) Minimum 24 hour public notification in accordance with Section 0131 13 33 G. Water Department Coordination 34 1. During the construction of this project,it will be necessary to deactivate,for a 35 period of time,existing lines. The Contractor shall be required to coordinate with 36 the Water Department to determine the best times for deactivating and activating 37 those lines. 38 2. Coordinate any event that will require connecting to or the operation of an existing 39 City water line system with the City's representative. 40 a. Coordination shall be in accordance with Section 33 12 25. 41 b. If needed,obtain a hydrant water meter from the Water Department for use 42 during the life of named project. 43 c. In the event that a water valve on an existing live system be turned off and on 44 to accommodate the construction of the project is required,coordinate this 45 activity through the appropriate City representative. 46 1) Do not operate water line valves of existing water system. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 a) Failure to comply will render the Contractor in violation of Texas Penal 2 Code Title 7,Chapter 28.03 (Criminal Mischief)and the Contractor 3 will be prosecuted to the full extent of the law. 4 b) In addition,the Contractor will assume all liabilities and 5 responsibilities as a result of these actions. 6 H. Public Notification Prior to Beginning Construction 7 1. Prior to beginning construction on any block in the project, on a block by block 8 basis,prepare and deliver a notice or flyer of the pending construction to the front 9 door of each residence or business that will be impacted by construction.The notice 10 shall be prepared as follows: 11 a. Post notice or flyer 7 days prior to beginning any construction activity on each 12 block in the project area. 13 1) Prepare flyer on the Contractor's letterhead and include the following 14 information: 15 a) Name of Project 16 b) City Project No(CPN) 17 c) Scope of Project(i.e.type of construction activity) 18 d) Actual construction duration within the block 19 e) Name of the contractor's foreman and phone number 20 f) Name of the City's inspector and phone number 21 g) City's after-hours phone number 22 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 23 A. 24 3) Submit schedule showing the construction start and finish time for each 25 block of the project to the inspector. 26 4) Deliver flyer to the City Inspector for review prior to distribution. 27 b. No construction will be allowed to begin on any block until the flyer is 28 delivered to all residents of the block. 29 I. Public Notification of Temporary Water Service Interruption during Construction 30 1. In the event it becomes necessary to temporarily shut down water service to 31 residents or businesses during construction,prepare and deliver a notice or flyer of 32 the pending interruption to the front door of each affected resident. 33 2. Prepared notice as follows: 34 a. The notification or flyer shall be posted 24 hours prior to the temporary 35 interruption. 36 b. Prepare flyer on the contractor's letterhead and include the following 37 information: 38 1) Name of the project 39 2) City Project Number 40 3) Date of the interruption of service 41 4) Period the interruption will take place 42 5) Name of the contractor's foreman and phone number 43 6) Name of the City's inspector and phone number 44 c. A sample of the temporary water service interruption notification is attached as 45 Exhibit B. 46 d. Deliver a copy of the temporary interruption notification to the City inspector 47 for review prior to being distributed. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 0135 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 e. No interruption of water service can occur until the flyer has been delivered to 2 all affected residents and businesses. 3 f. Electronic versions of the sample flyers can be obtained from the Project 4 Construction Inspector. 5 J. Coordination with United States Army Corps of Engineers(USACE) 6 1. At locations in the Project where construction activities occur in areas where 7 USACE permits are required,meet all requirements set forth in each designated 8 permit. 9 K. Coordination within Railroad Permit Areas 10 1. At locations in the project where construction activities occur in areas where 11 railroad permits are required,meet all requirements set forth in each designated 12 railroad permit. This includes,but is not limited to,provisions for: 13 a. Flagmen 14 b. Inspectors 15 c. Safety training 16 d. Additional insurance 17 e. Insurance certificates 18 f. Other employees required to protect the right-of-way and property of the 19 Railroad Company from damage arising out of and/or from the construction of 20 the project. Proper utility clearance procedures shall be used in accordance 21 with the permit guidelines. 22 2. Obtain any supplemental information needed to comply with the railroad's 23 requirements. 24 3. Railroad Flagmen 25 a. Submit receipts to City for verification of working days that railroad flagmen 26 were present on Site. 27 L. Dust Control 28 1. Use acceptable measures to control dust at the Site. 29 a. If water is used to control dust,capture and properly dispose of waste water. 30 b. If wet saw cutting is performed,capture and properly dispose of slurry. 31 M. Employee Parking 32 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 0135 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 requircmcw of compliance ,6th Healtli and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chb ;_752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibi aty for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 0135 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 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number.02477 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B FORT WORTH flag: DOE IIO.BRxx Project Dame: 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 3 - 4 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 014523-1 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 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City, sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor,notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site,or another external FTP site approved by 38 the City. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 014523-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July I,2011 City Project Number:02477 015000-1 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. 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number.xxxxx 015000-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:xxxxx 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] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:xxxxx 015000-4 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:xxxxx 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of 3 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-31 Revised July 1,2011 City Project Number:02477 015526-2 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 SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2- PRODUCTS [NOT USED] 35 PART 3- EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-31 Revised July 1,2011 City Project Number:02477 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-31 Revised July 1,2011 City Project Number:02477 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C: Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0— Bidding Requirements,Contract Forms and Conditions of the 11 Contract 12 2. Division 1 —General Requirements 13 3. Section 3125 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent:NOI 24 2. Notice of Termination:NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change:NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification,unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works,Environmental Division,(817)392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817)392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(817)392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00,except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] PART 3- EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 015813-1 TEMPORARY PROJECT SIGNAGE Pagel of 3 I 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] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of%-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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number.02477 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 1 SECTION 0160 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 016000-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel 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 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 016600-2 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 016600-3 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] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 4 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised November 22,2016 City Project Number.02477 017000-2 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 [Consult City Department/Division for direction on if 26 Mobilization pay item to be included or the item should be subsidiary. Include the 27 appropriate Section 1.2 A. 1.] 28 1. Mobilization and Demobilization 29 a. Measure 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 2. Remobilization for suspension of Work as specifically required in the Contract 36 Documents 37 a. Measurement 38 1) Measurement for this Item shall be per each remobilization performed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under"Measurement"will be paid for at the unit 42 price per each"Specified Remobilization"in accordance with Contract 43 Documents. 44 c. The price shall include: 45 1) Demobilization as described in Section 1.1.A.2.a.1) 46 2) Remobilization as described in Section 1.1.A.2.a.2) CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised November 22,2016 City Project Number:02477 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 1 d. No payments will be made for standby,idle time,or lost profits associated this 2 Item. 3 3. Remobilization for suspension of Work as required by City 4 a. Measurement and Payment 5 1) This shall be submitted as a Contract Claim in accordance with Article 10 6 of Section 00 72 00. 7 2) No payments will be made for standby,idle time,or lost profits associated 8 with this Item. 9 4. Mobilizations and Demobilizations for Miscellaneous Projects 10 a. Measurement 11 1) Measurement for this Item shall be for each Mobilization and 12 Demobilization required by the Contract Documents 13 b. Payment 14 1) The Work performed and materials furnished in accordance with this Item 15 and measured as provided under"Measurement"will be paid for at the unit 16 price per each"Work Order Mobilization"in accordance with Contract 17 Documents. Demobilization shall be considered subsidiary to mobilization 18 and shall not be paid for separately. 19 c. The price shall include: 20 1) Mobilization as described in Section I.l.A.3.a.1) 21 2) Demobilization as described in Section 1.1.A.3.a.2) 22 d. No payments will be made for standby, idle time,or lost profits associated this 23 Item. 24 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 25 a. Measurement 26 1) Measurement for this Item shall be for each Mobilization and 27 Demobilization required by the Contract Documents 28 b. Payment 29 1) The Work performed and materials furnished in accordance with this Item 30 and measured as provided under"Measurement"will be paid for at the unit 31 price per each"Work Order Emergency Mobilization"in accordance with 32 Contract Documents. Demobilization shall be considered subsidiary to 33 mobilization and shall not be paid for separately. 34 c. The price shall include 35 1) Mobilization as described in Section 1.1.A.4.a) 36 2) Demobilization as described in Section 1.1.A.3.a.2) 37 d. No payments will be made for standby, idle time,or lost profits associated this 38 Item. 39 1.3 REFERENCES [NOT USED] 40 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 4 1.5 SUBMITTALS [NOT USED] 42 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 43 1.7 CLOSEOUT SUBMITTALS [NOT USED] 44 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised November 22,2016 City Project Number:02477 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.9 QUALITY ASSURANCE [NOT USED] 2 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 4 1.12 WARRANTY [NOT USED] 5 PART 2- PRODUCTS [NOT USED] 6 PART 3- EXECUTION [NOT USED] � END OF SECTION S Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures-Revised specification.inehidirr-b1m to make specification flexible for either subsidiary or paid bid item for ivy 9 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised November 22,2016 City Project Number:02477 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 4 1 SECTION 01 71 23 2 CONSTRUCTION STAKING AND SURVEY 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation Will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section 0133 00. 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALSANFORMATIONAL 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number.02477 017123-2 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 Contractor. 8 2. Coordination 9 a. Contractor shall notify city 2 weeks prior to any Construction Staking activities. 10 b. It is the Contractor's responsibility to coordinate staking such that construction 11 activities are not delayed or negatively impacted. 12 3. General 13 a. Contractor is responsible for preserving and maintaining stakes throughout the 14 duration of the project. 15 B. Construction Survey 16 1. Construction Survey will be performed by the Contractor. 17 2. Coordination 18 a. Contractor to verify that control data established in the design survey remains 19 intact. 20 b. Coordinate with the City prior to field investigation to determine which 21 horizontal and vertical control data will be required for construction survey. 22 c. It is the Contractor's responsibility to coordinate Construction Survey such that 23 construction activities are not delayed or negatively impacted. 24 d. If any control data needs to be restored or replaced due to damage caused 25 during construction operations the contractor shall be responsible. 26 3. General 27 a. Construction survey will be performed in order to maintain complete and 28 accurate logs of control and survey work as it progresses for Project Records. 29 b. The Contractor will need to perform construction survey to obtain construction 30 features, including but not limited to the following: 31 1) All Utility Lines 32 a) Rim and flowline elevations and coordinates for each manhole or 33 junction structure 34 2) Water Lines 35 a) Top of pipe elevations and coordinates for waterlines at the following 36 locations: 37 (1) Every 250 linear feet 38 (2) Horizontal and vertical points of inflection,curvature, etc. (All 39 Fittings) 40 (3) Cathodic protection test stations 41 (4) Sampling stations 42 (5) Meter boxes/vaults(All sizes) 43 (6) Fire lines 44 (7) Fire hydrants 45 (8) Gate valves CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (9) Plugs, stubouts,dead-end lines 2 (10) Air Release valves(Manhole rim and vent pipe) 3 (11) Blow off valves(Manhole rim and valve lid) 4 (12) Pressure plane valves 5 (13) Cleaning wyes 6 (14) Casing pipe(each end) 7 b) Storm Sewer 8 (1) Top of pipe elevations and coordinates at the following locations: 9 (a) Every 250 linear feet 10 (b) Horizontal and vertical points of inflection,curvature,etc. 11 c) Sanitary Sewer 12 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 13 the following locations: 14 (a) Every 250 linear feet 15 (b) Horizontal and vertical points of inflection,curvature,etc. 16 (c) Cleanouts 17 c. Construction survey will be performed in order to maintain complete and 18 accurate logs of control and survey work associated with meeting or exceeding 19 the line and grade required by these Specifications. 20 d. The Contractor will need to perform construction survey and to verify control 21 data,including but not limited to the following: 22 1) Established benchmarks and control points provided for the Contractor's 23 use are accurate 24 2) Benchmarks were used to furnish and maintain all reference lines and 25 grades for tunneling 26 3) Lines and grades were used to establish the location of the pipe 27 4) Submit to the City copies of field notes used to establish all lines and 28 grades and allow the City to check guidance system setup prior to 29 beginning each tunneling drive. 30 5) Provide access for the City to verify the guidance system and the line and 31 grade of the carrier pipe on a daily basis. 32 6) The Contractor remains fully responsible for the accuracy of the work and 33 the correction of it,as required. 34 7) Monitor line and grade continuously during construction. 35 8) Record deviation with respect to design line and grade once at each pipe 36 joint and submit daily records to City. 37 9) If the installation does not meet the specified tolerances, immediately notify 38 the City and correct the installation in accordance with the Contract 39 Documents. 40 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 41 1.11 FIELD [SITE] CONDITIONS [NOT USED] 42 1.12 WARRANTY [NOT USED] 43 PART 2- PRODUCTS [NOT USED] 44 PART 3- EXECUTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 3.1 INSTALLERS [NOT USED] 2 3.2 EXAMINATION [NOT USED] 3 3.3 PREPARATION [NOT USED] 4 3.4 APPLICATION 5 3.5 REPAIR/RESTORATION [NOT USED] 6 3.6 RE-INSTALLATION [NOT USED] 7 3.7 FIELD [OR] SITE QUALITY CONTROL 8 A. It is the Contractor's responsibility to maintain all stakes and control data placed in 9 accordance with this Specification. 10 3.8 SYSTEM STARTUP [NOT USED] 11 3.9 ADJUSTING [NOT USED] 12 3.10 CLEANING [NOT USED] 13 3.11 CLOSEOUT ACTIVITIES [NOT USED] 14 3.12 PROTECTION [NOT USED] 15 3.13 MAINTENANCE [NOT USED] 16 3.14 ATTACHMENTS [NOT USED] 17 END OF SECTION 18 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 19 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017423-1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- 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 I 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number.02477 017423-3 CLEANING Page 3 of 4 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 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017423-4 CLEANING Page 4 of 4 1 4. if no longer required for maintenance of erosion facilities,and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs,lights, signals,etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log D,AtTE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees,Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees,bonds, 20 certificates,licenses and affidavits required for Work or equipment as specified are 21 satisfactorily 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. CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017719-2 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 0178 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor,in 19 writing within 10 business days,of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City,immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice,inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City, in the presence of the Contractor,will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include,but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July;,.2011 City Project Number:02477 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include,but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers(to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 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 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/i 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 Trinty Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab,bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product,and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title"OPERATING AND 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 Trinty Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017823-3 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 30 b. Operating procedures 31 1) Start-up,break-in,routine and normal operating instructions 32 2) Regulation,control,stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to"trouble shooting" 38 3) Disassembly,repair and reassembly 39 4) Alignment,adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH Trinty Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017823-4 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 Trinty Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017823-5 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 of section removed 8 CITY OF FORT WORTH Trinty Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised December 20,2012 City Project Number:02477 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017839-3 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, 11 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 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 Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Call attention to each entry by drawing a"cloud" around the area or areas 2 affected. 3 d. Make changes neatly,consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings,have been kept clean during progress of 7 the Work,and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents,other than Drawings,will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling,and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR/RESTORATION [NOT USED] 15 3.6 RE-INSTALLATION [NOT USED] 16 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revision Log DATE NAME SUMMARY OF CHANGE 26 CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 SECTION 02-TXDOT REQUIREMENTS DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS PROJECT: FOR THE CONSTRUCTION OF CITY OF FORT WORTH TRINITY TRAILS EAST COUNTY: TARRANT TXDOT CSJ: 0902-90-031 The following goal for disadvantaged business enterprises is established: DBE 5.00% Certification of DBE Goal Attainment By signing the proposal,the Bidder certifies that the above DBE goal will be met by obtaining commitment equals to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the proposal.As a result,the bid proposal guarantee of the Bidder will be property of the City of Ft.Worth and the Bidder will be excluded for rebidding on the project when it is re-advertised. FORT WORTH ATTACHMENT 1A Page 1 of 3 City of Fort Worth Disadvantaged Business Enterprise DBE Subcontractors/Suppliers Utilization Form Check applicable block to describe prime OFFEROR COMPANY NAME: 2L Construction LL.0 []DBE O NON-DBE PROJECT NAME: Trinity Trails East BID DATE: en8rrr PROJECT NUMBER: 02477 CITY'S DBE PROJECT GOAL: 5 % Offeror's DBE GOAL COMMITMENT:5 Please read the following statements prior to executing this form. Offerors must provide information on all prospective subcontractor(s)lsuppliers who submit bidslquotations in support of this solicitation.Failure to complete this form,in its entirety with supporting documentation,and received by the Purchasing Division no later than 2:00 p.m.on the second City business day after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to the bid specifications. The Offeror further agrees to provide,directly to the City upon request,complete and accurate information regarding actual work performed by all subcontractors,including DBE(s)arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books,records and files held by their company that will substantiate the actual work performed by the DBE(s)on this contract,by an authorized officer or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal,State or Local laws concerning false statements. Any failure to comply with this program and creates a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Prime contractors must identify by tier level of all subcontractorsisuppliers.Tier: means the level of subcontracting below the prime contractorleonsultant i.e.a direct payment from the prime contractor to a subcontractor is considered tat tier,a payment by a subcontractor to its supplier is considered 2"d tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a DBE and counting those dollars towards meeting the contract committed goal. Offerors must also provide the previous years annual gross receipts of all subcontractors/suppliers listed on the utilization form. This information may be expressed in the dollar ranges provided that column. Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer,count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer,count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer,count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases,the Offeror is responsible to identify the amounts to be used toward the committed DBE goal. If hauling services are utilized,separation of dollars for haul-in and haul out is required. In addition,the Offeror will be given credit for utilizing a DBE hauling firm as long as the DBE owns and operates a least one fully licensed and operational truck used on the contract. The DBE may lease trucks from another DBE firm,including DBE owner-operated and receive full DBE credit. The DBE may lease trucks from non-DBEs,including owner-operated,but will only receive credit for the fees and commissions earned by the DBE as outlined in the lease agreement. Note:Be mindful of the 60°1 rule. Rev.2110115 ATTACHMENT 1A FORT WORTH Page 2 of 3 Disadvantaged Business Enterprise Subcontractors/Suppliers Utilization Form Check this box 0 if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name, NAMES AND ADDRESSES OF TYPE OF WORK TO BE Specify CERTIFIED DBE FIRM PREVIOUS YEARS ANNUAL SUBCONTRACTORS/SUPPLIERS PERFORMED Tier GROSS RECEIPTS Name: Type of Work: American Striping 1 Yes Q✓ ess than$SOOK Address: !(S51 RA�,ndl(�v✓ No 0 ✓ 50OK-$2 mil. Signage z mil_$5 mil Phone:� ;gs � Certified B =more than$5 mil. Fax: Qga_67_�(y p $AMOUNT: NCTRCA nTxDOT54II Email:a'�QTiCgrrSf7+}0fKYf.GDY✓\ Contact Person: td/'ll y884", " 11,520.00 Name: Type of work: Texas Environmental Mgmt 1 Yes F71 [Dess than$500K Address: rOA"Si9 Erosion Control & No $500K-$2 mil. Y�+,�`'4 7 Landscaping $2 mil_$5 mil Phone:W-9-6k' -3�0 Certified B ✓more than$5 mil. Fax: "5-610-340 $AMOUNT: NCTRCA �]TxDOT= Email:ja6firlSen✓rs C.o' 1 Contact Person:T�ml*� 88,105.00 Name: Buyers Barricades Type of Work: 1 Yes 0✓ less than$500K Address: pQ ak' 91.14 Traffic Control No = $500K.$2 mil. E#,ils,T�176111 2 mil_$5 mil Phone: g 17S 3) Certified B ore than$5 mil. Fax: 41')-1431-?Ir/l $AMOUNT: NCTRCA n TxDOT Email: j��'y, ix�cr6 Contact.Person:ea, 13,250.00 Name; Type of Work: Permatrak ���„,` � 1 Yes 5rmy ess than$500K Address: i6 b09 K>�s+�,aVw� �c✓+ie� �a�"'^V "r No B 500K-$2 mil. ck, 6w,<1�G '�6�7� 2mil_$5mil Phone: 440_S l.9.S03C Certified B ore than$5 mil. Fax: $AMOUNT: NCTRCA iE TxDOT= Email: �Scr© 00 Contact Person: t1 Rev.211©l15 ATTACHMENT IA FORT WORTH Page 2of3 Disadvantaged Business Enterprise Subcontractors/Suppliers Utilization Form Check this box 0 if any subcontractorisupplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name. NAMES AND ADDRESSES OF TYPE OF WORK TO BE Specify CERTIFIED DBE FIRM PREVIOUS YEARS ANNUAL SUBCONTRACTORSISUPPLIERS PERFORMED Tier GROSS RECEIPTS Name: Type of Work: T-Bar Fence 1 Yes Q �412mil ss than$500K Address: ��(� ,Q�„yh Handrail No 0 SaOK-$z mil. Rw( _$5mil Phone: 6i1- '7- ayl^t- Certified Br� Qmore than$5 mil. Fax: $AMOUNT: NCTRCA n TxDOT II Email: 9�h59n @-1' a-r^ L'--e-p- Contact Person:e-ol P 79,492.00 Name: Hargrave Foundation Type of Work: 1 Yes less than$500K Address:fo&W- l23/b Helical Piers No Q 1 $500K-$2 mil. O�V-,`r f?, 076 $2 mil_$5 mil Phone:V21 f142. � Certified B more than$5 mil. Fax: 1 $AMOUNT: NCTRCA 1!�j TxDOT=] Email: gr� 84}pnaNGkA �WI-r�yn Contact Person: 81,244.00 Name: Type of Work: Forterra 1 Yes Q lass than$500K Address: I L RCP Supplier No $S00K-$2 mil. ` ��� 6"b 2 mil $5 mil Phone: � Y�G (vC �YSO Certified B ✓ ore than$5 mil. Fax: f- p _ $AMOUNT: NCTRCA E TxDOT D it Email: k -r1el5�1� �Gown V Contact Person:V, �� 7,230.00 Name: Type of work: Yesless than$500K Address: No 500K-$2 mil. $2 mil $5 mil Phone: Certified B more than$5 mil. Fax: $AMOUNT: NCTRCA n TxDOT II Email: Contact Person: Rev.2/10115 ATTACHMENT IA FORT WORTHPage 3 of 3 Disadvantaged Business Enterprise Subcontractors/Suppliers Utilization Form NAMES AND ADDRESSES OF TYPE OF WORK TO BE Specify CERTIFIED DBE FIRM PREVIOUS YEARS ANNUAL SUBCONTRACTORS/SUPPLIERS PERFORMED Tier GROSS RECEIPTS Name; Type of Work: Contech L � � 1 Yes ess than$500K VAddress: t �1. �pJa� ��; d0 No 500K-$2 mil. $2 mil_$5 mil Phone: "',I�,31y, o Certified B � ore than$5 mil. Fax: a $AMOUNT: NCTRCA IL TxDOT(� Email:B�.t,Qa$ LO,-"es :z Contact PeFtsson: $nbh. Name: Type of Work: Cowtown Redimix 1 Yes � less than$50011 Address: Soo l &_*MQ e"n Concrete Supplier No ✓ $500K-$2 mil. �/mfY��X I/611i $2mil_$5mil Phone: 17-1160-6bso Certified By: ✓ more than$5 mil. Fax: } $AMOUNT: NCTRCA Q TxDOT Q Email: oFOWVYfW�-�`J Contact Person: - ` i 339,365.00 The undersigned Offeror agrees to enter into a formal agreement with the DBE firms for work listed in this schedule,conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. ALL DBES MUST BE CERTIFIED BEFORE CONTRACT AWARD. Dominick Leonardo Au orized Signature Printed Signature President Chip Fisher, PM Title Contact Name and Title(if different) 2L Construction LLC 940-433-2670 940-433-2120 Company Name Phone Number Fax Number PO Box 397 chip@21construction.com Address Email Address Rhome,TX 76078 10-2-17 City/State/Zip Code Date Rev.2110/15 Buy America §635.410 Buy America requirements. (a)The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to the requirements of§ 635.409(a)of this subpart. N 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 FHWXs 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 Under Family Code,Section 231.006, (name of individual) certifies that (name of business) I (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 leyibly, if handwritten) Social Security Number 000-00-0000 000-00-0000 000-00-0000 i; 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 orlhe obligor is in compliance with a written repayment 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. 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. 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 Da. bid/offer/application El a. initial filing b. grant �- -Ib, 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 I 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): 11Information 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 lass than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form LLL(Rev.7-97) 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 agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Member of 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 yearand quarter in which the change occurred.Enter the date of the last previously submitted 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 appropriateclassification of the reporting entitythat 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 1st 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 Managementand Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. 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`day of , (Name of Organization) (Title of Person Signing) (Signature) ACKNOWLEDGEMENT STATE OF ) ) ss COUNTY OF ) 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 sworn to me this day of , Notary Public Signature My Commission Expires: Form 1560-CS Texas Department of Transportation Professional Provider Insurance INSTRUCTIONS (Page 1/13)of2 (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: gip://www.txdot.goy/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://www.txdot.aov/business/contractors/contractor-insurance.html then look for the Form 1560. DO NOT COMPLETE THIS FORM UNLESS WORKERS'COMPENSATION IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TxDOT. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service company is providing insurance, the staff leasing company name is shown first as the named insured and then in parenthesis identify the contractor/client company (i.e. XYZ Staff 4 U, Inc.-staff leasing service company (ABC Engineering, Inc.)). Show contact information (i.e. address, phone number, and etc.) for the insured/staff leasing service company in the appropriate spaces. Show the contact information (i.e. address, phone number, and etc.) for the contractor/client company in the appropriate spaces. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects or contracts on this form. Over-stamping or over-typing entries on the certificate of insurance are not acceptable if they change the provisions of the certificate in any manner. Stamped, typed, or printed signatures are not acceptable. Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike through or cross out the pre-printed limit. Binder numbers are not acceptable for policy numbers. WORKERS'COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees, including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers'Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: If coverages are specified separately, they must be at least these amounts: Bodily Injury $500,000 each occurrence Property Damage $100,000 each occurrence $100,000 for aggregate MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: The coverage amount for a Business Automobile Policy may be shown as a minimum of$600,000 Combined Single Limit by a typed or printed entry and deletion of the specific amounts listed for Bodily Injury and Property Damage. Personal Automobile Liability Insurance is not an acceptable substitute for a Business Automobile Policy. MAIL CERTIFICATES TO: Texas Department of Transportation Contract Services Office 125 E. 11th St. Austin,TX 78701-2483 512-416-4620(V) 512-416-4621 (F) x Form 1560-CS Texas Department of Transportation (TxDOT) Professional Provider Insurance T 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: I 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: I 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 $500,000 each occurrence Property Damage $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. /f this form is sent by facsimile machine(fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the senders original signature. The Texas Department of Transportation maintains the information collected through this form. With few exceptions,you are entitled on request to be informed about the information that we collect about you. Under sections 555.021 and 553.023 of the Texas Government Code, you also are entitled to receive and review the information. Under section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Area Code ( ) Authorized Agent's Phone Number Original Signature of Authorized Agent Date CERTIFICATION OF INTEREST IN OTHER BID PROPOSALS FOR THIS WORK By signing this proposal,the bidding firm and the signer certify that the following information,as indicated by checking"Yes"or"No"below,is true,accurate,and complete. A. Quotation(s)have been issued in this firm's name to other firm(s)interested in this work for consideration for performing a portion of this work. YES NO B. If this proposal is the low bid,the bidder agrees to provide the following information prior to award of the contract. 1. Identify firms which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave!guotations for work on this project. CONTRACTOR'S ASSURANCE (Subcontracts-Federal Aid Projects) By signing this proposal the contractor is giving assurances that all subcontract agreements of $10,000 or more on this project will incorporate the following: Special Provision "Certification of Nondiscrimination in Employment" Special Provision "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) Special Provision "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal-aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more) Applicable "Wage Determination Decision" Also, by signing this proposal the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provisions. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AN VOLUNTARY EXCLUSION--LOWER TIER COVERED TRANSACTIONS (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 participation in this transaction 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. Signature/Authorized Certifying Official Typed Name and Title Applicant/Organization Date Signed 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher,Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator,Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter,Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer,Common $ 10.72 Laborer,Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator,Fine Grade $ 17.19 Motor Grader Operator,Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel,Backhoe,Derrick,D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 Texas Department of Transportation The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable wage rate zone,a list entitled'TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES"is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE PROJECTS;only the controlling wage rate zone applies to the contract.Effective 01-06-2017 ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.# CLASSIFICATION DESCRIPTION TX07 TXOB TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 166"17 1/6717i/611T 116/17 118117 VW7 1!6!1'8' 116117 1!0117 1/8,(17 ll 1/6/17 1/6117 116117 116117 116117 1428 Agricultural Tractor Operator $1269 $1735 511 75 1300 Asphalt Distributor Operator __ 8' 3 48 51 i es 515 55 $t 5.72 $1? 8 $'s $15 K S 1 4 31+ 3',4 25 514 02 75 -s 14 06 $14.40 � > e 1303 Asphalt Peeing Machine Operator Si14C >122:, 51 S13 87 51405 $1436 $1420 $13.26 $13.99 S'458 $12K SC-344 $t2' :'43- $1432 $1299 1106 Asphalt Raker $'2 28 $1061 $1202 $1421 £1165 $12.12 $1164 $1144 $12.69 $1205 $1134 $1167 $1140 $125, $11-78 1112 Batching Plan)Operalor Asphalt Esarching Plant Operator Blaser Bocrn Oper3lcr 3'b 36 1444 Boring Machine Operalnr 1306 Broom or Sweeper Operator $11.21 $10.73 $10,08 $11.99 $11.04 $116'7 $11.74 51141 $10.30 $10.23 $1066 S1268 $1105 1144 Communications CaNa Installer 1124 Concrete Finisher,Pav ng and Stn res $13.55 $12.46 $13.18 $1285 $1254 $1 5-244 $14 12 $1,.1 SI339 $12.64 $12.80 $12.7 51293 3'532 Concrete Finishing Vl, :,Operator $16051 5'.548 $16.05 $1931 $13.0; Concrete Paving,Ccnng Flag',.Texturing Machine Operator $16.34 $1171 :oncrete Sae Operato '467 $14:6 $17.33 51399 r:99 Concrete(Gunite Pump Op-t,, 7:44 Crane Operator_Hydraulic HC .na or lass $'872 $183, $16.12 $18.04 $2021 51863 51386 t5 Crane Operator Hydraulic 0-:er 80 Ta^1s C'2 Jpe air iO Tons a SIC 82 $14.39 $13.85 $17.27 $15.137 $1727 $14.67 5164? 5142- $1327� Crane Operator,Lattice Boom Over BO Tons $2052 $19.38 $20 52 $1 7 49 $25.13 $15.80 Crawler Tractor Operator 1'96 $16.62 $13,62 $14.26 5 67 1 1 $1315 $1,3,38 $1460 $1368 -'350 C r-,,w Soreen Plant Operetur 1du10 ❑ireclional Drilling Locator $11 67 Directional Drilling Operator $20.32 "'24 E K 5199- 5'9.80 $26.35 520.27 $198() $20.92 $27,11 $15137 Excavator Operator,50,000 pounds or less 513 4,, $12.58 51357 $'719 $12.88 $14.38 $13.49 $1719' $13.88 $14.09 $12.71 $1442 Exravator Operator,Over 50,000 pounds $15.23 $13 52 $'.7 04 $1771 $16110 $'8.80 $1&22 $1453 $1352 F lagger SB 30 $9.10 $8 50 $10.28 $&81, $9.45 38 70 810 15 $4 71 $903 $e 81 $9.08 $9.90 11033 Form Builder/Setter,Structures £1352 $12.30 $1338 $12.91 $1271 $12.$7 $12.38 $'226 $13.84 $'258 $13071 x13.61 $12.82 $14.73 $1223 $12.25 Fonn Setter,Paving B Curb 512313 $12.16 $13.53 $11.83 $1071 $12.94 $13.16 $"254 $11. 3 ,10 E91 $13.33 $1234 $1393 'oundaacn Dnll Operator.Crav4er Mounted $17,99 $1795 S17 437 Foundation Drill Operator,Truck Mounted $16.86 $22.05 $21.51 $16.93 5:1 77 VO 70 520'6 54 $2131) $15 83 $22 GS Fronl End Loader Operator,3 CY or Less 5228 51349 $13,40 $13.85 $13.04 $13.15 $13.29 $1369 $1204 $1289 $1351 $1332 $12.17 Front End Loader Operator,0ver3 CY S"7 51369 $12.33 $14.96 $13.29 $12.86 $13.57 $14.72 $13.75 $12.32 $'3 19 S13 17 $13 02 1:1.74? Joint Sealer 1172 LaSorer,Common $?0.30 $986 $10.08 $10.51 $10,71 $10.50 $10.24 $10.58 $10.72 $10,45 $10,30 $10.25 $10.03 $10.54 $11,02 $10.15 1175 Laborer,Utility S"180 $1`.53 $1270 $12.17 $11.81 $12.27 $12.11 $1133 $12.32 $1180 $11.53 $11-23 $1150 $11.95 $11.73 $12,37 1346 LoaderlBackhoe Operator $14.18 $12.77 $12.97 $15.68 $14.12 $15.18 $13.58 $12.87 1 $13211 $14.13 $14.29 $12.90 ZONE ZONE ZONE ZONE ZONE ZONE I ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.N CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 1/6117 116117 1/6117 116117 1/8117 1!6/17 11W17 11W17 1/6117 1/6117 1/6f17. 1/6/17 1f$117 116/17 1/6/17 1/8/17 1161 Ma-1-11_ $20.14 $15.47 $17.47 $17.74 $17.00 $1710 $17.68 $18.94 $18.58 $17.00 $16.61 $18.46 $16.96 $17.47 1',1.' Milling Machine Operator $15.54 $1464 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.80 Motor Grader Operator,Fine Grade $17.49 $16.52 $16.88 $17.12 $18.37 $18.51 $16.69 $16.13 $17.19 $18.35 $17.07 $17.,4 $17.47 $17.08 $15.69 $20.01 Motor Grader Operator,Rough $16.15 $1462 $15.83 $15.20 $17.07 $14.63 $16.50 $16.D2 $16.44 $15.12 $16.€5 $11.47 $17.39 $1423 $15.53 Off Read Hauler $10081 $1226 $11.88 $12.25 $12.'.3 $13.00 $14Z01 --- Painter.Structures $21.29 $1834 $21.29 $18.62 Pavement Marking Machine Operator $1642 $13.10 $13.55 $19.17 $12'.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $13.10 Percussion w Rotary Drill Operator Pr cl iaer $14.95 Pipelayer $11.87 $14.64 $13.17 $11.17 $12,79 $11,37' $13.24 $12.66 $1324 $11.17 $11.67 $12-12 $1464 Reclaimer/Pulverizer Operator $12.85 $11.90 $12.88 $11.01 $10.46 Roin orcmn Steel Worker $13.50 $14.07 $17.53 $16.17 $14,00 $16.18 $12.74 $15.83 $17A0 $15.15 $1772 Roller Operator,ASphslt -$10.95 $1196 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $1195 $1150 Roller Operalor,Other $10.36 $1044 $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 512 95 $11.57 $1066 141' Scraper Operator $10.61 $11.07 $10.85 $12.88 $12.27 $11.12 $1296 $11.88 $12.43 $11.22 $1396 $13.47 $10.69 141 Self-Propelled Hammer Operator 119 Se"cer _-- $1398 $12.34 $14.11 $1474 $14.51 $15.56 $1344 $14.58 $14.31 $1363 $1243 513;; $1397 $14.11 151: Sign rector Sl"rry or M "S;dac,g Oper,,r Smal,si.plonn I„o Oparato, $1536 Spreader Box Operator $1260 $13.12 $14.71 $14 C4 $14.73 $1384 $1:,66 $1345 $1183 $13.58 $14.05 Strucwral Ftoa $12.85 Structural $15 _ $1439 10 Subarade 11 relecorn--ation'. 1 [Traffic Signal/Light Pole Worker $16,00 1" Trenching Machine Operator,Heavy $18.48 1437 Trenching Machine Operator,Light Truck Driver Lowtey-Float $14.48 $1363 $1341 $15.00 $1593 $15.66 $1624 $16.39 $1430 $1662 51563 $14.28 $16.03 $1341 I-,Driver Transit-Mix $14 14 $14.14 ^.61Xp Tr-Driver,Single Axle 51274 $1082 $1075 $1304 31161 $11.79 $13.53 $13.16 $12.31 $13.40 $1030 $1161 $11.97 $11.46 $1075 T:uck Dr,ver Sngie or l-dem Axle Dump Tru- 51133 $14`;3 $1195 $1295 $11.68 $14,06 $12.62 $11.45 $122,1 <i?:l9 $1168 $1148 $11.10 �..,k Driver,Tandem Axle Tractor with Semi Trailer $1149 $1212 $1250 $".34; $12.81 $1316 $72.86 $16.22 $12`0 $13.80 $1227 E12.so n-'.hng Machine Operator,Heavy - Tunnehng Machine Operator,Light Welder $14.02 $14861 $15.971 14.84 $13.76 15 Jvvork Zane Barricade Servicer $10301 $12.88 $11.46 $71 70 $1157 $11.851 $10.77 $1168 $12201 $11.22 $11.51 $12961 $10,54 $11.67 $11.76 Notes Any worker employed on this project shall be paid at the rate of one and one half(1-1/2)times the regular rate for every hour worked in excess of forty(40)hours per week. The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas'Standard Job Classifications and Descriptions far Highway,Heavy,Utilities,and Industrial Construction in Texas.AGC will make it available on its Web site for any contractor. TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18,34, 35,37,38,40, 41,54, 56, 63 County Name Zone County Name Zone County Name Zone County Name Zone Anderson 38 Donley 54 Karnes 37 Reagan 54 Andrews 54 Duval 41 Kaufman 35 Real 54 Angelina 38 Eastland 54 Kendall 16 Red River 38 Aransas 40 Ector 7 Kenedy 41 Reeves 18 Archer 35 Edwards 18 Kent 54 Refugio 37 Armstrong 7 EI Paso 34 Kerr 37 Roberts 54 Atascosa 16 Ellis 35 Kimble 54 Robertson 16 Austin 56 Erath 38 King 54 Rockwall 35 Bailey 54 Falls 38 Kinney 18 Runnels 54 Bandera 16 Fannin 38 Kleberg 37 Rusk 11 Bastrop 16 Fayette 37 Knox 54 Sabine 38 Baylor 54 Fisher 54 Lamar 38 San Augustine 38 Bee 37 Floyd 54 Lamb 54 San Jacinto 56 Bell 16 Foard 54 Lampasas 16 San Patricio 40 Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54 Blanco 37 Franklin 38 Lavaca 37 Schleicher 54 Borden 54 Freestone 38 Lee 37 Scurry 54 Bosque 38 Frio 37 Leon 38 Shackelford 54 Bowie 11 Gaines 54 Liberty 56 Shelby 38 Brazoria 56 Galveston 56 Limestone 38 Sherman 54 Brazos 16 Garza 54 Lipscomb 54 Smith 11 Brewster 18 Gillespie 37 Live Oak 37 Somervell 38 Briscoe 54 Glasscock 54 Llano 37 Starr 41 Brooks 41 Goliad 40 Loving 54 Stephens 54 Brown 54 Gonzales 37 Lubbock 7 Sterling 54 Burleson 16 Gray 54 Lynn 54 Stonewall 54 Burnet 37 Grayson 35 Madison 38 Sutton 18 Caldwell 16 Gregg 11 Marion 38 Swisher 54 Calhoun 40 Grimes 38 Martin 54 Tarrant 35 Callahan 35 Guadalupe 16 Mason 37 Taylor 7 Cameron 8 Hale 54 Matagorda 37 Terrell 18 Camp 38 Hall 54 Maverick 41 Terry 54 Carson 7 Hamilton 38 McCulloch 54 Throckmorton 54 Cass 38 Hansford 54 McLennan 16 Titus 38 Castro 54 Hardeman 54 McMullen 41 Tom Green 7 Chambers 56 Hardin 56 Medina 16 Travis 16 Cherokee 38 Harris 56 Menard 54 Trinity 38 Childress 54 Harrison 63 Midland 7 Tyler 38 Clay 35 Hartley 54 Milam 38 Upshur 11 Cochran 54 Haskell 54 Mills 54 Upton 54 Coke 54 Hays 16 Mitchell 54 Uvalde 41 Coleman 54 Hemphill 54 Montague 54 Val Verde 18 Collin 35 Henderson 38 Montgomery 56 Van Zandt 38 Collingsworth 54 Hidalgo 8 Moore 54 Victoria 14 Colorado 37 Hill 38 Morris 38 Walker 38 Comal 16 Hockley 54 Motley 54 Waller 56 Comanche 54 Hood 38 Nacogdoches 38 Ward 54 Concho 54 Hopkins 38 Navarro 38 Washington 38 Cooke 54 Houston 38 Newton 38 Webb 8 Coryell 16 Howard 54 Nolan 54 Wharton 37 Cottle 54 Hudspeth 18 Nueces 40 Wheeler 54 Crane 54 Hunt 35 Ochiltree 54 Wichita 12 Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54 Crosby 7 Irion 7 Orange 56 Willacy 41 Culberson 18 Jack 38 Palo Pinto 38 Williamson 16 Dallam 54 Jackson 37 Panola 38 Wilson 16 Dallas 35 Jasper 38 Parker 35 Winkler 54 Dawson 54 Jeff Davis 18 Parmer 54 Wise 35 Deaf Smith 54 Jefferson 56 Pecos 18 Wood 38 Delta 35 Jim Hogg 41 Palk 38 Yoakum 54 Denton 35 Jim Wells 37 Potter 7 Young 54 DeWitt 37 Johnson 35 Presidio 18 Zapata 41 Dickens 54 Jones 35 Rains 38 Zavala 41 Dimmit 41 Randall 7 01-06-2017 FEMA's SCHEDULE OF EQUIPMENT RATES DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY RECOVERY DIRECTORATE PUBLIC ASSISTANCE DIVISION The rates on this Schedule of Equipment Rates are for applicant-owned equipment in good mechanical condiuon, complete with all required attachments. Each rate covers all costs eligible under the Robert T Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C.§5121,et seq.,for ownership and operation of equipment,including depreciation,overhead,all maintenance,field repairs,fuel,lubricants,tires,OSHA equipment and other costs incidental to operation.Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR§206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR§206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON OR AFTER SEPTEMBER 15,2010. Cost Equipment Specification Capacity/Size HP Notes Unit Rate Code 8490 Aerial Lift,Self-Propelled Max.Platform Height 37 ft to 15 Articulated,Telescoping,Scissor. hour $8.25 8491 Aerial Lift,Self-Propelled Max.Platform Height 60 ft to 30 Articulated,Telescoping,Scissor. hour $12.25 8492 Aerial Lift,Self-Propelled Max.Platform Height 70 ft to 50 Articulated,Telescoping,Scissor. hour $21.00 8493 Aerial Lift,Self-Propelled Max.Platform Height 125 ft to 85 Articulated and Telescoping. hour $55.00 8494 Aerial Lift,Self-Propelled Max.Platform Height 150 ft to 130 jArticulated and Telescoping- hour $6700 Articulated and Telescoping.Add to 8486 Aerial Lift,Truck Mntd Max. Platform Height 40 ft Truck rate for total rate. hour $6.75 Articulated and Telescoping.Add to 8487 Aerial Lift,Truck Mntd Max.Platform Height 61 ft Truck rate for total rate. hour $12.25 Articulated and Telescoping.Add to 8488 Aerial Lift,Truck Mntd Max_Platform Hei ht 80 ft Truck rate for total rate. hourl $23.50 Articulated and Telescoping.Add to 8489 Aerial Lift,Truck Mntd Max.Platform Height 100 ft I Truck rate for total rate. hour $34.00 8010 Air Compressor Air Delivery 41 cfm to 10 1 Hoses included. hour $1.50 8011 Air Compressor Air Delivery 103 cfm to 30 Hoses included. hour $7.00 8012 Air Compressor Air Delivery 130 cfm to 50 Hoses included. hour $9.25 8013 Air Compressor Air Delivery 175 cfm to 90 Hoses included. hour $20.00 8014 Air Compressor Air Delivery 400 cfm to 145 Hoses included, hour 1 $27.50 8015 Air Compressor Air Delivery 575 cfm to 230 Hoses included. hourl $45.50 8016 Air Compressor Air Delivery 1100 cfm to 355 Hoses included. hour $51.00 8017 Air Compressor Air Delive 1600 cfm to 500 Hoses included. hour $80.00 8040 Ambulance to 150 hour $25.50 8041 Ambulance to 210 hour $32.50 8060 Auger,Portable Hole Diameter 16 in to 6 hour $1.30 8061 Auger,Portable Hole Diameter 18 in to 13 hour $3.50 Includes digger,boom and mounting hardware.Add to Tractor rate for total 8062 Au er,Tractor Mntd Max.Auger Diameter 36 in to 13 1 rate. hourl $1.30 Includes digger,boom and mounting hardware.Add to Truck rate for total 8063 Au er Truck Mntd Max.Auger Size 24 in to 100 rate. hour $2900 8070 Automobile to 130 [TransportinS people. mile $0.50 8071 Automobile to 130 ITransporting cargo. hour $1100 8072 Automobile,Police to 250 JPatroiling. mile $0.60 8073 Automobile,Police to 250 Stationary with engine running. hour $1625 8110 Barge, Deck Size 50'x35'x7.25' hour $34.00 8111 Bar e,Deck Size 50'x35'x9' hour $49.00 8112 Barge,Deck Size 120'x45'x10' hour $80.00 8113 Barge,Deck Size 160'x45'xl1' hour $75.00 8050 Board Arrow to 8 Trailer Mounted. hour $3.15 8051 Board Message to 5 Trailer Mounted. hour $8.50 8133 Boat,Push Size 45'x2l'x6' to 435 Flat hull. I hour $150.00 8134 1 Boat,Push Size 54'x2l'x6' to 525 Flat hull. I hour $200.00 8135 Boat,Push Size 58'x24'x7.5' to 705 Flat hull. hour $250.00 8136 1 Boat,Push Size 64'x25'x8' to 870 1 Flat hull_ I hour $300.00 Federal Emergency Management Agency Septmber 15,2010 Page 1 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Equipment Specification Capacity/Size HP Notes Unit Rate Code 8130 Boat, Row Heavy duty hour sc.85 8131 Boat, Runabout Size 13'x5' to 50 Outboard. hour $14.00 8132 Boat,Tender Size 1'4'xT to 100 Inboard with 360 degree drive. hour $26.00 8120 Boat,Tow Size 55'x20'x5' to 870 Steel. hour $250.00 8121 Boat,Tow Size 60'x21'x5' to 1050 Steel. hour $30aAo 8122 Boat,Tow Size 70'x30'x7.5' to 1350 Steel. hour $450.00 8123 Boat,Tow Size 120'x34'x8' to 2000 Steep hour $630.00 8140 Boat,Tug Len th 16 ft to 100 hour $3350 8141 Boat,Tug Length 18 ft to 175 hour $53.00 8142 Boat,Tug Length 26 ft to 250 hour $65.00 8143 Boat,Tug Length 40 ft to 380 hour $150.00 8144 Boat,Tug Length 51 ft to 700 hour $225.00 Breaker Pavement, 8419 Hand-Held Weight 25-90 Ib hour $0.65 8420 Breaker,Pavement to 70 hour $3'.25 8150 Broom,Pavement Broom Length 72 in to 35 hour 512.30 8151 Broom,Pavement Broom Length 96 in to 100 hour $19.75 8153 Broom,Pavement,Mntd Broom Length 72 in to 18 ,Add to Prime Mover rate for total rate. hour 66.00 8154 Broom Pavement,Pull Broom Length 84 in to 20 'Add to Prime Mover rate for total rate. hour $1025 Includes teeth.Does not include 8270 Bucket,Clamshell Capacity 1 0 cy Clarnshell&Dra line, hour $3.60 Includes teeth.Does not include 8271 Bucket,Clamshell Capacity 2.5 cy Clamshell&Draciline. hourl $6.75 Includes teeth.Does not include 8272 Bucket,ClamshellCapacityCa acit 5.0 cy Clamshell&Dragline. hour $11 25 Includes teeth. Does not include 8273 Bucket,Clamshell Capacity 7.5 cy Clamshell&Dragline. hour $14,50 8275 Bucket,Dragline Capacity 2.0 cy Does not Include Clamshell&Dragline. hour $2.90 8276 Bucket,Dragline Capacity 5.0 cy Does not include Clamshell&Dragline. hour $6.50 8277 Bucket,Dragline Capacity 10 cy IDoes not include Clamshell&Dragline,_ hour $1o.5o 8278 Bucket Dragline Capacity 14 cy Does not include Clamshell&Dragline. hour $13.50 8180 Bus to 150 hour $20.00 8181 Bus to 210 hour $23.00 8182 Bus to 300 hour $27,00 8190 Chain Saw Bar Length 16 in hour $1,75 8191 Chain Saw Bar Length 25 in hour $3.20 8192 Chain Saw Pale Bar Size 18 in hour $1.60 8200 Chipper,Brush Chipping Capacity 6 in to 35 Trailer Mounted. hour $7.50 8201 Chipper, Brush Chieping Capacity 9 in to 65 Trailer Mounted. hour $16.o0 8202 Chipper,Brush Chipping Capacity 12 in to 100 Trailer Mounted, hour $21.75 8203 Chipper,Brush Chipping Capacity 15 in to 125 Trailer Mounted. hour $30.75 8204 Chipper, Brush Chipping Capacity 18 in to 200 Trailer Mounted. hourl $45.50 Clamshell&Dragline, 8210 Crawler 149,999 Ib to 235 Bucket not included in rate. hour $86.00 Clamshell&Dragline, 8211 Crawler 250,000 Ib to 520 Bucket not included in rate. hour $121.00 Clamshell&Dragline, 8212 Truck to 240 Bucket not included in rate. hour $130.00 Cleaner,Sewer/Catch Truck Mounted.Add to Truck rate for 8712 Basin Hopper Capacity 5 cy total rate. hour s16.00 Cleaner,Sewer/Catch Truck Mounted.Add to Truck rate for 8713 Basin Hopper Capacity 14 cy total rate. hour $21.50 8220 Compactor to 10 hour $11.00 Compactor Towed, 8221 Vibratory Drum to 45 hour $17.50 Compactor Vibratory, 8222 Drum to 75 hour $25.00 Compactor Pneumatic, 8223 Wheel to 100 hour $29.00 8225 Compactor.Sanitation to 300 hour $96.00 8226 Compactor,Sanitation to 400 hour $163.00 8227 Compactor,Sanitation I to 535 hour $225.00 Compactor Towed, 8228 Pneumatic,Wheel I 1 10000 Ib Add to Prime Mover rate for total rate. hour $7.50 Federal Emergency Management Agency Septmber 15,2010 Page 2 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES CoCost Equipment Specification Capacity/Size HP Notes Unit Rate Compactor,Towed, 8229 Drum Static 20000 lb Add to Prime Mover rate for total rate. hour $12.25 8500 Crane Max.Lift Capacity 8 MT to 80 hour $27.00 8501 Crane Max.Lift Capacity 15 MT to 150 hour $55.00 8502 Crane Max.Lift Capacity 50 MT to 200 hour $95.00 8503 Crane Max.Lift Capacity 70 MT to 300 hour $155.00 8504 Crane Max.Lift Capacity 110 MT to 350 hour $220.00 8496 Crane,Truck Mntd Max.Lift Capacity 24000 Ib Add to Truck rate for total rate. hour $10.00 8497 Crane,Truck Mntd Max.Lift Capacity 36000 Ib Add to Truck rate for total rate. hour $16.00 8498 Crane,Truck Mntd Max.Lift Capacity 60000 Ib I Add to Truck rate for total rate. hour $30.00 8195 Cutter,Brush Cutter Size 8 ft to 150 hourl $90.00 8196 Cutter, Brush Cutter Size 8 ft to 190 hour $100.00 8197 Cutter, Brush Cutter Size loft to 245 hour $120.00 Includes hydraulic pole alignment 8670 Derrick,H draulic Digger Max.Boom Length 60 ft attachment.Add to Truck rate. hour $21.00 Includes hydraulic pole alignment 8671 Derrick,Hydraulic Digger Max. Boom Length 90 ft attachment.Add to Truck rate. hour $39.00 insulated tank,and circulating spray 8580 Distributor,Asphalt Tank Capacity 500 gal bar. hour $12.00 Truck Mounted. Includes burners, insulated tank,and circulating spray 8581 Distributor,Asphalt Tank Capacity 1000 al bar.Add to Truck rate. hour $13.00 Truck Mounted.Includes burners, insulated tank,and circulating spray 8582 Distributor,Asphalt Tank Capacity 4000 gal bar.Add to Truck rate. hour $25.00 8250 Dozer,Crawler to 75 hour $31.00 8251 Dozer,Crawler to 105 hour $40.00 8252 Dozer,Crawler to 160 hour $65.00 8253 Dozer,Crawler to 250 hour $80.00 8254 Dozer,Crawler to 360 hour $135.00 8255 Dozer,Crawler to 565 hour $250.00 8256 Dozer Crawler to 850 hour $340.00, 8260 Dozer,Wheel to 300 hour $55.00 8261 Dozer.Wheel to 400 hour $110.00 8262 Dozer,Wheel to 500 hour $150.00 8263 Dozer,Wheel to 625 hour $200.00 Crawler Truck&Wheel.Includes 8280 Excavator Hydraulic Bucket Capacity 0.5 cy to 45 bucket. hour. $18.00 Crawler Truck&Wheel.Includes 8281 Excavator,Hydraulic Bucket Capacity 1.0 cy to 90 bucket. hour $39 00 Crawler Truck&Wheel.Includes 8282 Excavator Hydraulic Bucket CaDaGitV 1.5 cy to 160 bucket. hour $65.00 Crawler Truck&Wheel.Includes 8283 Excavator,Hydraulic Bucket Capacity 2.5 cy to 265 bucket. hour $120.00 Crawler Truck&Wheel.Includes 8284 Excavator,Hydraulic Bucket Capacity 4.5 cy to 420 bucket. hour $200.00 Crawler Truck&Wheel.Includes 8285 Excavator,Hydraulic Bucket Capacity 7.5.2y to 650 bucket. hour $240.00 Crawler Truck&Wheel.Includes 8286 Excavator,Hydraulic Bucket Capacity 12 c to 1000 1bucket. hour $400.00 8240 Feeder Grizzly to 35 hour $17.00 8241 Feeder Grizzly to 55 hour $30.00 8242 Feeder,Grizzly to 75 hour $44.00 8300 Fork Lift Capacity 6000 Ib to 60 hour 11,75 8301 Fork Lift Capacity 12000 Ib to 90 hour $17.00 8302 Fork Lift Capacity 18000 Ib to 140 hour $23.00 8303 Fork Lift Capacity 50000 Ib to 215 hour $50.00 8310 lGenerator Prime Output 5.5 kW to 10 hour $3.25 8311 Generator Prime Output 16 kW to 25 hourl $8.00 8312 Generator Prime Output 43 kW to 65 hour $17.00 8313 Generator Prime Output 100 kW to 125 hour $34.01) 8314 Generator Prime Output 150 kW to 240 hour $50.00 8315 Generator Prime Output 210 kW to 300 hour $60.00 8316 Generator Prime Output 280 kW to 400 hour $85.00 Federal Emergency Management Agency Septmber 15,2010 Page 3 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Equipment Specification Capacity/Size HP totes UnitRate Code 8317 Generator Prime Output 350 kW to 500 hour $95.00 8318 Generator Prime Output 530 kW to 750 hour 5150.00 8319 Generator Prime Output 710 kW to 1000 liour $200.00 8320 Genei Vor Prime output 11"0 kW to 1500 ['0 Lj 1 $375.00 8321 Genera'nr Prime Output 251:0 kW to 3000 lour $500.00 8755 Golf Car, Capacity 2 person Your $3.20 8330 Gradcfs Moldboard Si.e 10 ft to 110 includes Ri id and Articulate hour $34.50 8331 Graders Moldboard Sig 12 ft to 150 Includes Rigid and Articulate hour $58.00 8332 Graders Moldboard 5i:: 14 ft to 225 Includes Rigid and Articulate hour $70.00 8350 Hose,Discharge Diameter 3 in Per 25 foot length. Includes cou lin s- hour $0.13 8351 Hose,Discharge Diameter 4 in Per 25 foot length. Includes couplings. hourl $0.19 8352 Mose.Discharge Diameter 6 in Per 25 foot ken th. Includes couplings hourl 50.5G 8353 Hose.Discharge Diameter 8 in Per 25 foot length, Includes cou lin s. hour $0 75, 8354 Hose,Discharge Diameter 12 in Per 25 foot length. Includes couplings, hourl 5 35 8355 Hose. Discharge Diameter 16 lin T'cr 25 foot length. Includes couplings. hour 52.20 8356 Hose,Suction Diameter 3 in -Icr 25 foot length. Includes couplings. hour $0.23 8357 Hose,Suction Diameter 4 in 1cr 25 foot length. Includes couplings. hour $0.43 8358 Hose,Suction Diameter 6 in I'cr 25 fort length. Includes cou lin s. hour $0.90 8359 Hese,Suction Diameter 8 in L'cr 25 foot fenqth. Includes couplings, them $1,35, 8360 Hose, Suction Diameter 12 in f'r,r 25 foot lencIth. Includes couplings. hou $2 45 8361 Hose. Suction Diameter 16 in Per 25 foot length. Includes coupling,;. !rou: $3 c 8517 Jackhammer D Weight ,ass 25 45 lb hair $1 8518 Jackhamr-er Wet Weight Cass 30-55 Ib hour $1 8380 L nada Crawler Bucket Ca.lacit 0.5 cy to 32 Includes bucket. hour $11.su 8381 Loader Crawler Bucket Capacity 1 cy to 60 Includes bucket. hour $19.C'j 8382 Loader,Crawler Bucket Capacity 2 cy to 1118 Indudes bucket. hourl $42.00 8383 Loader,Crawler Bucket Capacity 3 cy to 1:78 Inctudes bucket, hour $78.03 8384 Loader Crawler Bucket.Capacity 4 cy to 238 Includes bucket. hour $115.00 8540 Loader,Skid-Steer Operating Capacity 1000 Ib to 35 hour $11 00 8541 Loader,Skid-Steer Operating Capacity 2000 Ib to 65 hour $18.00 8542 Loader,Skid-Steer Operating Capacity 3000 lb to 85 hour $22.00 8401 Loader,Tractor,Wheel to 81 hour $25.00 8390 Loader,Wheel Bucket CapdGity Capacity0.5 cy to 38 hour $15.50 8391 Loader,Wheel Bucket Capacity 1 cy to 60 hour $21.50 8392 Loader,Wheel Bucket Capacity 2 cy to 105 hour $28.75 8393 Loader Wheel Bucket Capacity 3 cy to 152 hour $40.00 8394 Loader,Wheel Bucket Capacity 4 cy to 200 hour $52.00 8395 Loader,Wheel Bucket Capacity 5 cy to 250 hour $66.00 8396 Loader,Wheel F.u:ket Capa(,P!y 6 cy to 305 hour $8200 8397 Loader,Wheel E:uckct Cap aeit y 7 cy to 360 hour $95.00 8398' 'Leader.Wheel Bucket Caparity 8 CY c 530 hour $14000 8570 Loader-Backhoe.Wh a �_cadcr Bucket Cap,,cAy 0.5 CY to 4G Loader and Backhoe Buc4els v.Aj E:1 hour $14.75 8571 Loader-Backhoe.Whee _cadr_�r Bucket Capa.cty 1 CY to 70 _odder and Backhoe Buc�ets ridudod hour $23.50 8572 1 o 3der-Rackhoe,Whee _oader Buckr l ,.pa(,ty 1.5 cy to 95 wader and Backhoe BucKels i-.,J,ded, hour $33.00 8573 I_oadcr-Rackhoe,Wheei uoadcr Buckr t Ca:ar, v 1.75 cy to 115 1 Loader and Backhoe Buaels icluded, hour $38.00 8410 " xcrr.Concrete Portable Bat<<h.r,r Ca:a•::tv 10 cft hour $3.25 8411 Mixer.Concrete Portable Batchinq Capacity 12 cft hour $4.25 Mixer.Concrete,Trailer 8412 Mntd Batching CaLacity 11 cft to 10 no.r $8.75 Mixer Conn rein,Traif-.1 8413 Mntd Batching Ca aci 16 cft to 25 nor 515.25 8075 Mol= cle Police n»Ile S0 35 8633 Mulcbe;,Trailer Mntd Working Capacity 7 flpfi to 35 hour S 0 25 8634 Mulcher_Trailer Mntd Working Capadty 10 t ph 1c,55 1-1 mr s 5 X51 8635 Mulcher,Trailer Mntd Working Capacity 20 t ph to 120 hour 324'_x, 8430 Paver.Asphalt.Towed Does not inclulde Prime.Move,, hour $7.03 8431 Paver.Asphalt `c 50 Includes wheel and craw t,r ui ment, hour $65,00 8432 Paver•Asphalt to 12r Inciudes wheel and craw ere quipment. hour C i =.,C 3433 Paver,Asphalt to 1 7b Includes wheel and i-,c iwier equipment. hour Is 00 8434 Paver,Asphalt to 256 Includes wheel and crawler equipment. hour S'40,00 8436 Pick-up,Asphalt to:10 hour X55.00 8437 Pick-up,Asphalt to 150 hour 5u3 00 8438 Pick-u •Asphalt to 200 hour s-1 C 8439 Pick-tip,Asphalt to 275 hour w'.do GC 8660 Plow,Cable Plow Depth 24 in to 30 hour $1C.2a Federal Emergency Management Agency Septmber 15,2010 Page 4 of 6 FEMA"s SCHEDULE OF EQUIPMENT RATES Cost Code Equipment Specification Capacity/Size HP Notes Unit Rate 8661 Plow,Cable Plow Depth 36 in to 65 hour $27.75 8662 Plow,Cable Plow Depth 48 in to 110 hour $31.75 8450 Plow,Snow,Grader Mntd Width to loft Add to Grader for total rate. hour $16.00 8451 Plow,Snow,Grader Mntd Width to 14 ft Add to Grader for total rate. hour $24.00 8452 Plow,Snow,Truck Mntd Width to 15 ft lAdd to Truck rate for total rate. hour $10.75 With leveling wing.Add to Truck rate for 8453 Plow,Snow,Truck Mntd Width to 15 ft total rate. hour $18.50 8470 Pump to 4 Does not include Hoses. hour $2.15 8471 Pump to 6 Does not include Hoses. hour $3.20 8472 Pump to 10 Does not include Hoses. hour $4.10 8473 Pump to 15 Does not include Hoses. hour $7.75 8474 Pump to 25 Does not include Hoses. hour $9.25 8475 Pump to 40 Does not include Hoses. hour $16.00 8476 Pump to 60 Does not include Hoses. hour $18.75 8477 Pump to 95 Does not include Hoses. hour $26.50 8478 Pump to 140 Does not include Hoses. hour $31.00 8479 Pump to 200 Does not include Hoses. hourl $36.00 8480 Pump to 275 Does not include Hoses. hourl $80.00 8481 Pump to 350 Does not include Hoses. hour $95.00 8482 Pump to 425 Does not include Hoses. hour $120.00 8483 Pump to 500 Does not include Hoses. hour $135.00 8484 Pump to 575 Does not include Hoses. hour $155.00 8485 Pump to 650 Does not include Hoses, hour $180.00 8510 Saw,Concrete Blade Diameter 14 in to 14 hour $6.00 8511 Saw,Concrete Blade Diameter 26 in to 35 hourl $13.50 8512 Saw,Concrete Blade Diameter 48 in to 65 hour $23.00 8513 Saw,Rock to 100 hour $30.00 8514 Saw,Rock to 200 hour $60.00 8521 Scraper Scraper Capacity 16 cy to 250 hour $90.00 8522 Scraper Scraper Capacity 23 cy to 365 hour $130.00 8523 Scraper Scraper Capacity 34 cy to 475 hour $200.00 8524 Scraper Scraper Capacity 44 cy to 600 1 hour $240.00 8560 Snow Blower Capacity 2,000 t h to 400 1 hour $140.00 8561 Snow Blower Capacity 2,500 tph to 500 1 hour $160.00 8562 Snow Blower Capacity 3,500 t h to 600 1 hour $180.00 8550 Snow Blower,Truck Mntd Capacity 600th to 75 IDoes not include Truck. hour $37.50 8551 Snow Blower,Truck Mntd Capacity 1400th to 200 1 Does not include Truck. hour $70.00 8552 Snow Blower,Truck Mntd Capacity 2000th to 340 IDoes not include Truck. hour $110.00 8553 Snow Blower Truck Mntd Capacity 2500th to 400 Does not include Truck. hour $120.00 Snow Thrower,Walk 8558 Behind Cuttinq Width 25 in to 5 hour $3.25 Snow Thrower,Walk 8559 Behind Cutting Width 60 in to 15 hour $7.00 Trailer&Truck mounted. Does not 8630 Sprayer,Seed Working Capacity 750 gal to 30 include Prime Mover. hour $9.75 Trailer&Truck mounted.Does not 8631 S ra er Seed Working Capacity 1250 gal to 50 include Prime Mover. hour $15.00 Trailer&Truck mounted.Does not 8632 Sprayer,Seed Working Capacity 3500 gal to 115 1 include Prime Mover. hour $25.75 8458 Spreader, Chemical Capacity 5 cy to 4 Trailer&Truck mounted.Does not hour $4.00 8423 Spreader,Chip Spread Hopper Width 12.5 ft to 152 hour $50.00 8424 Spreader,Chip Spread Hopper Width 16.5 ft to 215 hour $80.00 8425 Spreader,Chip,Mntd Hopper Size 8 ft to 8 Trailer&Truck mounted. hour $3.30 8455 Spreader,Sand Mounting Tailgate,Chassis hour $3.30 8456 Spreader,Sand Mounting Dump Body hour $5.50 8457 Spreader,Sand Mounting Truck 10 d hour $7.50 8440 Striper Paint Capacity 40 gal to 22 hour $8.75 8441 Striper Paint Capacity 90 gal to 60 hour $19.00 8442 Striper Paint Capacity 120 gal to 122 hour $37.00 8445 Striper,Truck Mntd Paint Capacity 120 gal to 460 hour $70.00 8446 Striper,Walk-behind Paint Capacity 12 gal hour $3.35 8157 Sweeper, Pavement to 110 hour $59.00 8158 Sweeper,Pavement to 230 hour $74.00 8590 Trailer,Dump Capacity 20 cy Does not include Prime Mover. I hourt $8.00 Federal Emergency Management Agency Septrnber 1'5,2010 Page 5 of 6 FEMA's SCHEDULE OF EQUIPMENT RATES Cost Equipment Specification Capacity/Size HP Nates Unit Rate Code 8591 Trailer, Dump Capacity 30 cy Does not include Prime Mover. hour $14.00 8600 Trailer,Equipment Ca aci 30 ton hour $10.25 8601 Trailer.Equipment Capacitty Capacity40 ton hour $12.50 8602 Trailer,Equipment Capacity 60 ton hour $15.00 8603 Trailer. Equipment Capacity 120 ton hour $25.00 8640 Trailer,Office Trailer Size 8'x 24' hour $1.70 8641 Trailer,Office Trailer Size 8'x 32' hourl $1.75 8642 Trailer,Office Trailer Size 10'x 32' hour $2.60 Includes a centrifugal pump with sump 8610 Trailer.Water Tank Capacity 4000 gal and a rears ra bar. hour $11.00 Includes a centrifugal pump with sump 8611 Trailer,Water Tank Capacity 6000 qal and a rears ra bar. hour $14.00 Includes a centrifugal pump with sump 8612 Trailer,Water Tank Capacity 10000 gal and a rears ra bar. hour $16.50 Includes a centrifugal pump with sump 8613 Trailer,Water Tank Capacity 14000 gal and a rears ra bar. hour $20.50 Walk-behind,Crawler&Wheel 8650 Trencher to 40 Mounted.Chain and Wheel. hourl $11.75 Walk-behind,Crawler&Wheel 8551 Treacher to 85 Mounted.Chain and Wheel. hour $25.00 8290 Trowel,Concrete Diameter 48 in to 12 hour $4.50 8680 Truck,Concrete Mixer Mixer Capacity 13 cy to 300 hour $75.00 8720 Truck,Dump Struck Capacity 8 cy to 220 hour $35.00 8721 Truck,Dump Struck Capacity 10 cy to 320 hour $45.00 8722 Truck,Dump Struck Capacity 12 cy to 400 hour $60.00 8723 Truck,Dump Struck Capacity 18 cy to 400 hour $65.00 8724 Truck.Dump,Off Struck Capacity 28 cy to 450 hour $105.00 8690 Truck,Fire Pump Capac1y 1000 gpM hour $70.00 8691 Truck,Fire Purnp Capac1y 1250 gpm hour $80.00 8692 Truck,Fire Pumk_Capaccty 1500 gpm hour $85.00 8693 Truck Fire Pump Capacity 2000 gpm hour $90.00 8694 Truck,Fire Ladder Ladder length 75 ft hour $125.00 8695 Truck,Fire Ladder Ladder length 150 It hour $150.00 8700 Truck.Flatbed Maximum Gvw 150001b to 200 hour $20.00 8701 Truck.Flatbed Maximum Gvw 250001b to 275 hour $22.00 8702 Truck,Flatbed Maximum Gvw 300001b to 300 hour $25.00 8703 Truck,Flatbed Maximum Gvw 450001b to 380 hour $43.00 8730 Truck,Garbage Capacity 25 cy to 255 hour $47.00 8731 Truck,Garbage Capacity 32 cy to 325 hour $55.00 8800 Truck,Pickup Transporting eo le mile $050 8801 Truck,Pickup i`z ton hour $14.00 8802 Truck,PickuE 1 ton hour $20.00 8803 Truck.Pickup t'a ton hour $22.00 8804 Truck,Pickup V/2 ton hour $25.00 8805 Truck,Pickup 1'/,ton hourl $30.00 8790 Truck,Tractor 4 x 2 300001b to 220 hour $32.00 8791 Truck,Tractor 4 x 2 450001b to 310 hour $45001 8792 Truck,Tractor 6 x 4 500001b to 400 hour 1 $65.00 8780 Truck,Water Tank Capacity 2500 gal to 175 Include pump and rearspray system hoar $31 00 8781 Truck Water Tank Capacity 4000 gal to 250 Include pump and rearspray system hour $42 00 8620 Tub Grinder to 440 hour $85.00 8621 Tub Grinder to 630 hour $120.00 8622 Tub Grinder to 760 hour $150.00 8623 Tub Grinder to 1000 hour $27000 8753 Vehicle.Recreational to 10 hoar $3.00 8750 Vehicle.Small to 30 hour $7.00 8761 Vibrator,Concrete to 4 hour $1.15 8770 Welder,Portable to 16 Includes ground cable and lead cable. hour $5.00 8771 Welder,Portable to 34 Includes ground cable and lead cable. hour $11.50 8772 lWelder, Portable to 50 Includes ground cable and lead cable. hour $16.00 8773 lWelder. Portable to 80 includes ground cable and leadcable. hour $22.00 Federal Emergency Management Agency Septmber 15,2010 Page 6 of 6 Prison Produced Materials 635.417 Convict produced materials (a) Materials produced after July 1, 1991, by convict labor may only be incorporated in a Federal-aid highway construction project if such materials have been: (1)Produced by convicts who are on parole, supervised release, or probation from a prison or (2)Produced in a qualified prison facility and the cumulative annual production amount of such materials for use in Federal-aid highway construction does not exceed the amount of such materials produced in such facility for use in Federal-aid highway construction during the 12-month period ending July 1, 1987. (b) Qualified prison facility means any prison facility in which convicts, during the 12-month period ending July 1, 1987,produced materials for use in Federal-aid highway construction projects. Differing Site Conditions (a) Except as provided in paragraph (b)of this section,the following changed conditions contract clauses shall be made part of,and incorporated in,each highway construction project approved under 23 U.S.C. 106: (1) Differing site conditions. (i) During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract,are encountered at the site,the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. (ii) Upon written notification,the engineer will investigate the conditions,and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract,an adjustment,excluding anticipated profits,will be made and the contract modified in writing accordingly.The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. (iv) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the STD's at their option.) (2) Suspensions of work ordered by the engineer. (i) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time(not originally anticipated, customary,or inherent to the construction industry)and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay,the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work.The request shall set forth the reasons and support for such adjustment. (ii) Upon receipt,the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers,or subcontractors at any approved tier,and not caused by weather,the engineer will make an adjustment (excluding profit)and modify the contract in writing accordingly.The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. (iii) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make,in writing,at any time during the work,such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.Such changes in quantities and alterations shall not invalidate the contract nor release the surety,and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract,whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character,an adjustment,excluding anticipated profit,will be made to the contract.The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon,then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract,the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change"shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work,as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity.Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity,or in case of a decrease below 75 percent,to the actual amount of work performed. (b) The provisions of this section shall be governed by the following: (1) Where State statute does not permit one or more of the contract clauses included in paragraph (a)of this section,the State statute shall prevail and such clause or clauses need not be made applicable to Federal-aid highway contracts. (2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph(a)of this section,such clause or clauses,as developed by the State transportation department may be included in Federal-aid highway contracts in lieu of the corresponding clause or clauses in paragraph(a)of this section.The State's action must be pursuant to a specific State statute requiring differing contract conditions clauses. Such State developed clause or clauses,however,must be in conformance with 23 U.S.C.,23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E. (c) In the case of a design-build project,STDs are strongly encouraged to use"suspensions of work ordered by the engineer"clauses,and may consider"differing site condition"clauses and "significant changes in the character of work" clauses which are appropriate for the risk and responsibilities that are shared with the design-builder. Control: 0902-90-031 Sheet A County: Tarrant Highway: NA **********GENERAL NOTES********** 2014 Specification Book (Revised October 7, 2016) SW3P RESPONSIBILITIES 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. General Notes Sheet A Control: 0902-90-031 Sheet B County: Tarrant Highway: NA *For contractor's information only ** For quantities, see summary sheets in construction documents for CSJ 0902-90-031. GENERAL NOTES This project (CSJ 0902-90-031) is approximately 2.6 miles of concrete trail, boardwalk and signage, defined by the Quanah Parker Trail West of Handley Ederville Rd.to the River Trails Park. 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. 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 8.4. 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 1 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). Single lane closures,except as otherwise shown in the plans,will be restricted to off-peak hours as defined in the following table: Peak Hours Off-Peak Hours 6 to 9 AM 3 to 7 PM 9 AM to 3 PM All day Saturday Monday through Monday through and and Sunday Friday Friday 7 PM to 6 AM Monday through Friday Work that requires closure of multiple travel lanes in the same direction,except as otherwise shown in the plans,will be performed at night between the hours of 9 PM and 6 AM. General Notes Sheet B Control: 0902-90-031 Sheet C County: Tarrant Highway: NA Topographical mapping shown by Herbert Beasley land surveyors. Contractor to notify architect of any discrepancies between the plan topography and the current existing conditions. Contractor shall verify the location,size and material of all utilities affected by construction prior to beginning construction. Contractor shall contact all affected utilities 48 hours prior to construction. Dig tess 1-800-344-8377 City of Fort Worth water department817-392-4477 Contractor to notify the owner when any discrepancy is found between plans and existing conditions.In the event a discrepancy is found the contractor will make field adjustments to correct any problem. The contractor is responsible for securing access to the construction site, subject to approval from the city of Fort Worth. Where existing utilities or service lines are cut,broken or damaged,the contractor shall replace or repair the utilities or service lines with the same type material and construction,or better,unless otherwise shown or noted on the plans,at his own cost and expense. The contractor shall immediately notify the engineer of any conflicts in grades and alignment. Existing utilities shown are taken from available records provided by the utility owner and field locations of surface appurtenances. Locations shown are generally schematic in nature and may not accurately reflect the size and location of each particular utility. Some utility lines may not be shown. Contractor shall assume responsibility for actual field location and protection of existing facilities whether shown or not. Contractor shall also assume responsibility for repairs to existing facilities,whether shown or not,if damaged by contractor's activities. Differences in horizontal or vertical location of existing utilities Shall not be a basis for additional expense. The contractor is responsible for keeping sidewalks and roads adjacent to the project site free from mud and debris from the site construction. The contractor shall adopt appropriate construction site management practices to prevent the discharge of oils,grease,paints,gasoline and other pollutants to storm water. Appropriate practices can include: Designating areas for equipment maintenance and repair; Regular collection of waste; Conveniently located trash receptacles;and Designating and controlling equipment wash down. The contractor shall construct a stabilized construction entrance/exit at all traffic exit points prior to exiting onto any paved roadway. The access and work areas shall be secured during non-working hours. Contractor is responsible for,and must obtain prior to construction,all necessary construction permits required by the city of Fort Worth. General Notes Sheet C Control: 0902-90-031 Sheet D County: Tarrant Highway: NA Adequate measures shall be taken to prevent erosion. In the event that significant erosion occurs as a result of construction,the contractor shall restore the eroded areas to original condition or better. Prior to construction,a pre-construction meeting shall be held with representatives from all contractors,the architect,the Texas department of transportation and the city of Fort Worth. Attendance is optional and the location,date&time can be found in the project manual. Barricading and traffic control during construction shall be the responsibility of the contractor and shall conform to the"Texas manual on uniform traffic control devices",part VI in particular. Traffic flow and access shall be maintained during all phases of the construction. The contractor is responsible for providing traffic safety measures for Work on project. Any damages that may occur to real property or existing improvements shall be restored by the contractor to at least the same condition that the real property or existing improvements were in prior to the damages. This restoration shall be subject to the owner's approval;moreover,this restoration shall not be a basis for additional compensation to the Contractor. Restoration shall include,but not be limited to,regressing,revegetation,replacing fences, replacing trees,etc. Construction traffic routes shall be coordinated with city of Fort Worth prior to construction. All compacted areas due to construction shall be aerated and revegetated to original condition at no expense to the client. Prior to construction,the owner or owner's representative shall approve the location of all silt fences. The contractor shall use the limits of silt fence as the limits of disturbance and access unless otherwise approved by the owner or owner's representative. Existing stone sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work. All areas disturbed during construction shall receive either Bermuda sod or Native American Seed shade friendly mix,unless otherwise noted. This project is located within the Fort Worth floodway,a federal flood control project. Contractor shall return the Fort Worth floodway back to pre-project conditions after Construction is completed. Coordination with the Tarrant regional water district is required. PAVEMENT MARKING AND SIGNAGE NOTES Refer to standard detail sheets for pavement marking detail. Signs are to be placed in accordance with the 2011 edition TMUTCD,revision 1 Tree survey/demolition notes Information provided on this plan does not delineate any underground foundations or objects that General Notes Sheet D Control: 0902-90-031 Sheet E County: Tarrant Highway: NA Currently may be covered. The contractor shall be responsible for proper removal and disposal of materials as required by The city of cedar hill. Contractor shall install applicable erosion control measures prior to site work commencement. All trees shall remain unless otherwise noted on the tree survey and demolition plan. Contractor Shall exercise extreme caution and care when grading around existing trees. Quantities provided on the demolition sheets are estimates only. Contractor shall be responsible For complete removal and disposal of pavements, landscaping,and utilities in conflict with the Proposed improvements. Any protected tree that is damaged or removed prior to client approval shall be mitigated per the City of cedar hill ordinances by the contractor at no additional cost to the client. Contractor to remove existing pavement to the nearest joint. Where existing concrete and proposed Concrete meet,the contractor is to provide an expansion joint unless otherwise noted. Contractor to notify the owner of any site elements such as trash receptacles,drinking fountains, Site furnishings that may be in conflict with construction prior to removing any site element. Contractor shall mark trees to be removed per plans. Contractor shall notify the landscape architect prior To removal to confirm removal of marked trees. Invasive plant species including chinaberry, Chinese Tallow and Chinese pivot located within the trail Corridor shall be removed and treated with herbicide to prevent future growth of these plants. PLANTING NOTES All areas disturbed during construction shall receive grass sod or seed as shown in the plans including staging areas and other areas disturbed by the contractor unless otherwise noted. Contractor to field verify all disturbed areas. All planting shall have temporary irrigation for the first year after planting until planting is established. Contractor shall submit a temporary irrigation plan prior to the beginning of work for the landscape architect for approval. All work shall be installed in accordance with applicable local codes and requirements. MISC.NOTES For dimensions of right of way not shown on the plans, see right of way map on file at the TxDOT District Office. Leave all right of way areas undisturbed until actual construction is to be performed in said areas. General Notes Sheet E Control: 0902-90-031 Sheet F County: Tarrant Highway:NA 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(817-370-6671)and(817-370-6656 for fiber optic cable prior to 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 TXDOT of any existing facilities conflicting with the proposed construction and obtain direction for the proper disposition of said conflicting existing facilities from TXDOT 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: Clarence.Bryant@fortworthtexas.gov A file containing these questions and answers will be available for review at the Park and Recreation 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 with a copy of all DBE subcontractor agreements prior to commencing work. General Notes Sheet F Control: 0902-90-031 Sheet G County: Tarrant Highway: NA Item 8- Prosecution and Progress Working days will be computed and charged in accordance with Section 8.3.1.1, `Five-Day Workweek.' Item 100- Preparing Right of Way Begin clearing operations after trees and other areas of vegetation to be protected have been identified and approved. Install fencing around features to be protected as shown in the plans or directed. Coordinate all right of way clearing operations with the SW3P. Trim and remove brush and trees as needed for construction operations. Obtain approval for proposed method of tree and brush trimming and removal. Vertical flailing equipment is not allowed. Treat damaged or cut branches,roots and/or stumps of all oak trees with a commercial tree wound dressing. Disinfect all pruning tools with a solution of 70% alcohol before moving from one tree to another. Unless otherwise approved remove all resulting vegetative debris from the ROW within 24 hours. The Engineer can stop all construction operations if the dressing,cut and removal requirements are not followed. Remove trees as indicated in the plans, or as directed during construction. Tree protection, as identified in the plans and details, shall be subsidiary to this bid item. Limits of preparing Right of Way for Trinity Trails East will be limited per the length of trail. Items 110 and 132 -Excavation and Embankment 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. Review proposed waste sites to determine if any site is located in a"Base Floodplain"or "Floodway"as defined by the Federal Emergency Management Agency(FEMA). If waste material from this project is placed in a base floodplain as defined by FEMA, a permit will have to be obtained from the local community responsible for enforcing National Flood Insurance Program(NFIP)regulations. The Contractor is responsible for ensuring that the owner of the property receiving the waste has obtained the necessary permit. General Notes Sheet G Control: 0902-90-031 Sheet H County: Tarrant Highway: NA Item 134- Backfilling Furnish and place Bermuda grass sod. Item 162 - Sodding for Erosion Control Furnish and place Bermuda grass sod. Item 164–Seeding for Erosion Control If performing a permanent seeding in an area with established temporary grass cover and mowing is performed instead of tilling, seed and fertilizer may be distributed simultaneously during"Broadcast Seeding"operations,provided each component is applied at the specified rate. Item 168 -Vegetative Watering Apply e –,a u:q:; watering as needed to supplement natural rainfall during the vegetation establishment period. Plan quantity of irrigation water is based on the application of a total of 1.3 gal of water each week for each sq. yd. of area that is sodded or seeded. Establishment time is estimated to be 12 weeks for both sod and permanent seed mixes. Temporary seeding will require less time for establishment. Provide a schedule and coordinate watering cycles and rates per cycle with the Engineer. Obtain approval if the quantity of water to be applied is expected to exceed the plan quantity. Adjust the amount of water applied with each cycle and the number of cycles each wk. according to actual site conditions. Drought or other conditions, as determined by the Engineer,may require the application of supplemental irrigation during hours other than normal working hours. Average weekly rainfall rates for the District are: January-0.39" April-0.86" July-0.48" October- 0.68" February-0.46" May-1.00" August-0.47' November-0.46" March--0.48" Jun".63" September--0.74" December-0.37" Item 432–RipRap In all riprap slopes,provide 3 inch diameter weep holes at 10 foot maximum spacing and backed with loose graded gravel or crushed stone and galvanized hardware cloth. Riprap shall be installed per what is specified on the plans and details. If not specified,protection stone rip rap shall be used. Item 450–Railing Railing shall be Type E unless otherwise specified. Item 464–Reinforced Concrete Pipe Pipe shall be class IV unless otherwise specified on plans and details. General Notes Sheet H Control: 0902-90-031 Sheet I County: Tarrant Highway: NA Item 496-Removing Structures Remove all items associated with the small fence as identified in the removal plans. Item 502 -Barricades, Signs, and Traffic Handling 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. 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-Temporary Erosion, Sedimentation, and Environmental Controls 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 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 reposting's will be subsidiary to Item 502. General Notes Sheet I TEXAS DEPARTMENT OF TRANSPORTATION GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE IDENTIFIED AS FOLLOWS: STANDARD SPECIFICATIONS ITEMS 1 TO 9 INCLUDED ITEM 100 Preparing Right of Way(4)(5)(6) ITEM 104 Removing Concrete(9) ITEM 110 Excavation(9)(132) ITEM 132 Embankment(7)(9)(100) ITEM 134 Backfilling Pavement Edges(162)(168) ITEM 162 Sodding for Erosion Control(166)(168) ITEM 164 Seeding for Erosion Control(162)(166)(168) ITEM 168 Vegetative Watering ITEM 251 Reworking Base Courses(204)(210)(216)(247)(520) ITEM 416 Drilled Shaft Foundations(09)(405)(420)(421)(423)(440)(448) ITEM 420 Concrete Substructures(5)(9)(400)(404)(421)(422)(426)(427)(440)(441) (448) ITEM 422 Concrete Superstuctures(9)(420)(421)(424)(438)(440)(448)(454)(782) ITEM 432 Riprap ITEM 450 Railing(9)(420) (421)(422)(424)(440)(441)(442)(445)(446)(448)(540) ITEM 462 Concrete Box Culverts and Drains(9)(400)(402)(403)(420)((421)(422)(424) (440)(464)(476) ITEM 464 Reinforced Concrete Pipe(9)(467) ITEM 466 Headwalls and Wingwalls(400) (420)(421)(432)(440)(464) ITEM 496 Removing Structures ITEM 500 Mobilization ITEM 502 Barricades, Signs and Traffic Handling(5)(9) ITEM 506 Temporary Erosion, Sedimentation,and Environmental Controls(161)(432) (556) ITEM 531 Sidewalks(104) ITEM 644 Small Roadside Sign Assemblies(421)(440)(441)(442)(445)(636)(643)(656) SPECIAL PROVISIONS SP 000-001L Schedule of Liquidated Damages SP 000-002L Nondiscrimination SP 000-003L Certification of Nondiscrimination in Employment SP 000-004L Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246) SP 000-005L Standard Federal Equal Employment Opportunity Construction Contract Specifications(Executive Order 11246) SP 000-007L Disadvantaged Business Enterprise in Federal Aid Contracts SP 007-001L Legal Relations and Responsibilities SP 506-001 L Temporary Erosion, Sedimentation, and Environmental Controls SPECIAL SPECIFICATIONS FW 4001 Prefabricated Streel Truss Span FW 4002 Precast Concrete Boardwalk System CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number.02477 CONCTRACT PROVISIONS 1, Fema Form FHWA-1273 END OF SECTION CITY OF FORT WORTH Trinity Trails East STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-031 Revised July 1,2011 City Project Number:02477 Introduction Local Government General Requirements For all projects with State or Federal funds,and/or all projects on the State Highway System regardless of funding source,a Local Government must either adopt the latest TOOT Standard Specifications,Special Specifications,and required Special Provisions or request TOOT written approval of alternate,equivalent specifications. TxDOT's 2014 Standard Specifications for Construction and Maintenance of Highways, Streets,and Bridges"are the latest TOOT Standard Specifications. These "General Requirements"along with additional requirements specified by the particular local government,are intended as a templete for Item 1-9 in TxDOT's Standard Specifications on projects let by a local government that is on the State Highway System or includes reimbursement to the local government using FHWA or TOOT funds. This document is intended to be used as a template that allows the local government to modify Item 1-9 to meet their particular needs while assuring that all local,state,and federal statutory requirements are addressed. As this document modifies a TOOT publication,there may be a question about terminology. In general,the"Owner"or the"Engineer"references the local government or their representatives(Consulting Engineers,etc.) Reference to"Department"or"Engineer"in the construction and maintenance specifications refers to the local government except when it is referencing a TOOT specification,manual, material specification,Material Producers List or test method. Foreword OUTLINE OF SPECIFICATIONS Each specification is outlined by articles and sections.The basic articles required for a specification are: 1. DESCRIPTION 2. MATERIALS 3. EQUIPMENT 4. CONSTRUCTION OR WORK METHODS 5. MEASUREMENT 6. PAYMENT Some articles are not used in every item.Measurement and Payment articles are combined when the work described is subsidiary to bid items of the Contract. HIERARCHY OF ORGANIZATIONAL ELEMENTS Here"XXX"represents the item number.The hierarchy of organizational elements available below the item level is as follows: XXX.1.,Article XXX.1.1.,Section XXX.1.1.1.,Section XXX.1.1.1.1.,Section XXX.1.1.1.1.1.,Section XXX.1.1.1.1.1.1.,Section The term section is used for all breaks below the article. Items 1 L-9L Local Government General Requirements and Covenants Item 1 L Abbreviations and Definitions 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below. 2. ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee,Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration,U.S.Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U.S.Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PE Professional Engineer PPI Plastics Pipe Institute PS&E Plans,Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TGC Texas Government Code TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation UL Underwriters Laboratory,Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3. DEFINITIONS 3.1, Abrasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost.Contractor's actual cost to provide labor,material,equipment,and project overhead necessary for the work. 3.3. Addendum.Change in bid documents developed between advertising and bid submittal deadline. 3.4. Additive Alternate.A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The additive alternate items include work that may be added to the base bid work. 3.5. Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The deductive alternate items include work that may be deducted from the base bid work. 3.6. Advertisement.The public announcement required by law inviting bids for work to be performed or materials to be fumished. 3.7. Affiliates.Two or more firms are affiliated if they share common officers,directors,or stockholders;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. 3.8. Air Blasting.Spraying blasts of pressurized air free of oil and moisture. 3.9. Air Temperature.The temperature measured in degrees Fahrenheit(°F)in the shade,not in the direct rays of the sun,and away from artificial heat. 3.10. Anticipated Profit.Profit for work not performed. 3.11. Apparent Low Bidder.The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner. 3.12. Architect of Record.A person registered as an architect or licensed as a landscape architect,in accordance with State law,exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract;or a firm employed by the Owner to provide professional architectural services. 3.13. Arterial Highway.A highway used primarily for through traffic and usually on a continuous route. 3.14. Notice of Award.The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Base Bid.The total bid amount without additive alternates. 3.16. Bid.The offer from the Bidder for performing the work described in the bid documents,submitted on the prescribed bid form,considering addenda issued and giving unit bid prices for performing the work described in the bid documents. 3.17 Bid Bond.The security executed by the Contractor and the Surety fumished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.18. Bid Documents.The complete set of documents necessary for a Bidder to submit a bid.The documents may include plans,specifications,special specifications,special provisions,addenda,and the prescribed form a Bidder is to submit as the Bid.Other terms used may include general conditions,proposal, instructions to bidders,and construction specifications. 3.19. Bid Error.A mathematical mistake made by a Bidder in the unit price entered into the bid documents. 3.20. Bid Form.The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered. 3.21 Bidder.An individual,partnership,limited liability company,corporation,or joint venture submitting a bid for a proposed Contract. 3.22. Blast Cleaning.Using one of the blasting methods,including,but not limited to,water blasting,low-pressure water blasting,high-pressure water blasting,abrasive blasting,water-abrasive blasting,shot blasting,slurry blasting,water injected abrasive blasting,and brush blasting. 3.23. Bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water,a highway, or a railway)having a roadway or track for carrying traffic or other moving loads,and having an opening measured along the center of the roadway of more than 20 ft.between faces of abutments,spring lines of arches,or extreme ends of the openings for multiple box culverts. 3.24. Brush Blasting.Sweeping lightly with an abrasive blast to remove loose material. 3.25. Building Contract.A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities.Building Contracts are considered to be construction Contracts. 3.26. Certificate of Insurance.A form approved by the Owner covering insurance requirements stated in the Contract. 3.27 Change Order.Written order to the Contractor detailing changes to the specified work,item quantities or any other modification to the Contract. 3.28. Concrete Construction Joint.Ajoint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.29. Concrete Repair Manual.TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.30. ConcreteWorks®.TxDOT-owned software for concrete heat analysis.Software is available on the TxDOT's website. 3.31 Construction Contract.A Contract entered under State law for the construction,reconstruction,or maintenance of a segment of the Owner's transportation system. 3.32. Consultant.The licensed professional engineer or engineering firm,or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 3.33. Contract.The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.34. Contract Documents.Elements of the Contract,including,but not limited to,the plans,specifications incorporated by reference,special provisions,special specifications,Contract bonds,change orders, addendums,and supplemental agreements. 3.35. Contract Time.The number of days specified for completion of the work,including authorized additional working days. 3.36. Contractor.The individual,partnership,limited liability company,corporation,or joint venture and all principals and representatives with which the Contract is made by the Owner. 3.37 Controlled Access Highway.Any highway to or from which access is denied or controlled,in whole or in part,from or to abutting land or intersecting streets,roads,highways,alleys,or other public or private ways. 3.38. Control of Access.The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority. 3.39. Control Point.An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.40. Cross-Sections.Graphic representations of the original ground and the proposed facility,at right angles to the centerline or base line. 3.41 Culvert.Any buried structure providing an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges.(See Section 1.3.23.,"Bridge.' 3.42. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.43. Daily Road-User Cost.Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.44. Date of Written Authorization.Date of the written Notice to Proceed authorizing the Contractor to begin work. 3.45. Debar(Debarment).Action taken by the Owner, State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in local,state,or federal law. 3.46. Detour.A temporary traffic route around a closed portion of a road. 3.47, Department.When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner.When used in other contexts such as technical specifications,refers to the Texas Department of Transportation. 3.48. Departmental Material Specifications.Reference specifications for various materials published by TxDOT's Construction Division with a DMS-XXXXX numbering system. 3.49. Direct Traffic Culvert.Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.50. Disadvantaged Business Enterprise.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. 3.51 Divided Highway.A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement.A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Engineer.The Professional Engineer licensed in Texas who represents the interests of the Owner 3.54. Entity.Political subdivision for which the project is designed and constructed.Either a Municipality(City)or a County or other entity organized under the authority of State of Texas statutes.May also be referred to as an Owner. 3.55. Expressway.A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.56. 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. 3.57. Force Account. Payment for directed work based on the actual cost of labor,equipment,and materials furnished with markups for project overhead and profit. 3.58. Freeway.An expressway with full control of access. 3.59. Frontage Road.A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access(sometimes known as a service road,access road,or insulator road). 3.60. Hazardous Materials or Waste.Hazardous materials or waste include,but are not limited to,explosives, compressed gas,flammable liquids,flammable solids,combustible liquids,oxidizers,poisons,radioactive materials,corrosives,etiologic agents,and other material classified as hazardous by 40 CFR 261,or applicable state and federal regulations. 3.61. High-Pressure Water Blasting.Water blasting with pressures between 5,000 and 10,000 psi. 3.62. Highway,Street,or Road.General terms denoting a public way for purposes of vehicular travel,including the entire area within the right of way.Recommended usage in urban areas is highway or street;in rural areas,highway or road. 3.63. Historically Underutilized Business.A corporation,sole proprietorship,partnership,or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts,and 51%owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups,including African Americans,Hispanic Americans,Asian-Pacific Americans,Native Americans,or women,and have a proportionate interest and demonstrate active participation in the control, operation,and management of the business'affairs.Individuals meeting the HUB definition are required to be residents of the State of Texas.Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.64. Incentive/Disincentive Provisions.An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone,phase,or Contract completion dates.The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control,delays to the motorists,and other items involved in the Contract. 3.65. Independent Assurance Tests.Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program.The tests are performed by the Owner or the Owner's representative and are not used for acceptance purposes. 3.66. Inspector.The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract. 3.67. Intelligent Transportation System.An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. Intersection.The general area where 2 or more highways,streets,or roads join or cross,including the roadway and roadside facilities for traffic movements within it. 3.69. Island.An area within a roadway from which vehicular traffic is intended to be excluded,together with any area at the approach occupied by protective deflecting or warning devices. 3.70. Joint Venture.Any combination of individuals,partnerships,limited liability companies,or corporations submitting a single bid form. 3.71. Lane Rental.A method to assess the Contractor daily of hourly rental fees for each lane,shoulder,or combination of lanes and shoulders taken out of service. 3.72. Letting.The receipt,opening,tabulation,and determination of the apparent low Bidder. 3.73. Letting Official.The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.74. Licensed Professional Engineer.A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas;also referred to as a Professional Engineer. 3.75. Limits of Construction.An area with established boundaries,identified within the highway right of way and easements,where the Contractor is permitted to perform the work. 3.76. Local Street or Road.A street or road primarily for access to residence,business,or other abutting property. 3.77 Low-Pressure Water Blasting.Water blasting with pressures between 3,000 and 5,000 psi. 3.78. Major Item.An item of work included in the Contract that has a total cost equal to or greater than 5%of the original Contract or$100,000 whichever is less.A major item at the time of bid will remain a major item.An item not originally a major item does not become one through the course of the Contract. 3.79. Material Producer List.TxDOT-maintained list of approved products. Referenced as"Department's MPL". 3.80. Materially Unbalanced Bid.A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner, 3.81, Mathematically Unbalanced Bid.A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit,overhead costs,and other indirect costs. 3.82. Median.The portion of a divided highway separating the traffic lanes in opposite directions. 3.83. Milestone Date.The date that a specific portion of the work is to be completed,before the completion date for all work under the Contract. 3.84. Monolithic Concrete Placement.The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.85. National Holidays.January 1,the last Monday in May,July 4,the first Monday in September,the fourth Thursday in November,and December 24 or December 25. 3.86. Nonhazardous Recyclable Material.A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.87 Nonresident Bidder,A Bidder whose principal place of business is not in Texas.This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.88. Nonresponsive Bid.A bid that does not meet the criteria for acceptance contained in the bid documents. 3.89. Non-Site-Specific Contracts.Contracts in which a geographic region is specified for the work and for which work orders,with or without plans,further detail the limits and work to be performed. 3.90. Notice to Proceed,Written notification to the Contractor authorizing work to begin. 3.91 Notification.Either written or oral instruction to the Contractor concerning the work.Voice mail is oral notification. 3.92. Owner,Political subdivision for whom the project is designed and constructed.Either a Municipality(City),a County or other entity organized under the authority of State of Texas statutes.May also be referred to as an Entity. 3.93. Pavement.That part of the roadway having a constructed surface for the use of vehicular traffic. 3.94. Pavement Structure.Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.94.1. Surface Course.Pavement structure layers designed to accommodate the traffic load.The top layer resists skidding,traffic abrasion,and the disintegrating effects of climate and is sometimes called the wearing course. 3.94.2. Base Course.One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.94.3. Subgrade.The top surface of a roadbed upon which the pavement structure,shoulders,and curbs are constructed. 3.94.4. Subgrade Treatment.Modifying or stabilizing material in the Subgrade. 3.95. Payment Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.96. Performance Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.97 Plans.The approved drawings,including true reproductions of the drawings that show the location, character dimensions,and details of the work and are a part of the Contract. 3.98. Power of Attorney for Surety Bonds.An instrument under corporate seal appointing an attomey-in-fact to act on behalf of a Surety in signing bonds. 3.99. Qualification.The process for determining a Contractor's eligibility to be awarded a construction contract 3.100. Prequalification.The process for determining a Contractor's eligibility to bid work. 3.101. Prequalification Statement.The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.102. Prequalified Contractor. A contractor that is approved to bid on TxDOT contracts by satisfying their Prequalification Process. 3.103. Post Qualfication.The owner will determine if contractors are qualified to bid on the project after bids are open. The bid documents will identify the minimum requirements that contractor must meet to be qualified for the project.Unqualified contractors'bids will be considered non-responsive and not accepted. 3.104. Project-Specific Location.A material source,plant,waste site,parking area,storage area,field office, staging area,haul road,or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.105. Proposal Guaranty.The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.106. Quality Assurance.Sampling,testing,inspection,and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.107 Quality Control.Sampling,testing,and other process control activities conducted by the Contractor to monitor production and placement operations. 3.108. Ramp.A section of highway for the primary purpose of making connections with other highways. 3.109. Referee Tests.Tests requested to resolve differences between Contractor and Owner test results.The referee laboratory is the Owners 3.110. Regular Item.A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. 3.111 Rental Rate Blue Book for Construction Equipment.Publication containing equipment rental rates. 3.112. Replacement Alternate.A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.113. Responsive Bid.A bid that meets all requirements of the advertisement and the bid documents for acceptance. 3.114. Right of Way.A general term denoting land or property devoted to transportation purposes. 3.115. Roadbed.The graded portion of a highway prepared as foundation for the pavement structure and shoulders.On divided highways,the depressed median type and the raised median type highways are considered to have 2 roadbeds.Highways with a flush median are considered to have 1 roadbed.Frontage roads are considered separate roadbeds. 3.116. Road Master.A railroad maintenance official in charge of a division of railway. 3.117. Roadside.The areas between the outside edges of the shoulders and the right of way boundaries.Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.118. Roadway.The portion of the highway(including shoulders)used by the traveling public. 3.119. Sandblasting,Dry.Spraying blasts of pressurized air combined with sand. 3.120. Sandblasting,Wet.Spraying blasts of pressurized water combined with sand. 3.121. Shoulder.That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.122. Shot Blasting.Spraying blasts of pressurized air combined with metal shot. 3.123. Sidewalk.Portion of the right of way constructed exclusively for pedestrian use. 3.124. Slurry Blasting.Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.125. Special Provisions.Additions or revisions to these standard specifications or special specifications. 3.126. Special Specifications.Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.127. Specifications.Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract.References to DMSs,ASTM or AASHTO specifications,or TxDOT bulletins and manuals,imply the latest standard or tentative standard in effect on the date of the bid.The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L,"Scope of Work." 3.128. Small Business Enterprise.A firm(including affiliates)whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 3.129. State.The State of Texas. 3.130. State Holiday.A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1.3.85.,"National Holidays."A list of state holidays can be found on the TxDOT's website. 3.131 Station.A unit of measurement consisting of 100 horizontal feet. 3.132. Subcontract.The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.133. Subcontractor.An individual,partnership,limited liability company,corporation,or any combination thereof that the Contractor sublets,or proposes to sublet,any portion of a Contract,excluding a material supplier,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. 3.134. Subsidiary.Materials,labor,or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.135. Substructure.The part of the structure below the bridge seats,but not including bearings,drilled shafts,or piling.Parapets,back walls,wing walls of the abutments,and drainage structures are considered parts of the substructure. 3.136. Superintendent.The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor. 3.137 Superstructure.The part of the structure above the bridge seats or above the springing lines of arches and including the bearings.Flatwork construction may be considered superstructure. 3.138. Supplemental Agreement.Written agreement entered into between the Contractor and the Owner and approved by the Surety,covering alterations and changes in the Contract.A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one parry to another or other cases as desired by the Owner 3.139. Surety.The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.140. Surplus Materials.Any debris or material related to the Contract but not incorporated into the work. 3.141 Suspension.Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a contract 3.142. Tex—XXX-X. TxDOT material test methods found on TxDOT's Construction Division Web Site. 3.143. Traffic Lane.The strip of roadway intended to accommodate the forward movement of a single line of vehicles. 3.144. Traveled Way.The portion of the roadway for the movement of vehicles,exclusive of shoulders and auxiliary lanes. 3.145. Truck Owner-Operator.An individual who owns and operates 1 truck for hire. 3.146. UT-Bridge.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.147. UT-Lift.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.148. Utility.Privately,publicly,or cooperatively owned lines,facilities,and systems for producing,transmitting,or distributing communications,power,heat,gas,oil,water,waste,or storm water that are not connected with the highway drainage,signal systems,or other products that directly or indirectly serve the public;the utility company. 3.149. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. 3.150. Water-Abrasive Blasting.Spraying blasts of pressurized water combined with abrasive media. 3.151. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.152. Water-Injected Abrasive Blasting.Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.153. Wholly-Owned Subsidiary.A legal entity owned entirely by the Contractor or subcontractor. 3.154. Work.The furnishing of all labor,materials,equipment,and other incidentals necessary for the successful completion of the Contract. 3.155. Written Notice.Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular,registered,or certified mail and delivered to the last known business address;sent by facsimile to the last known phone number;or sent by e-mail to the last known address.The date of the letter will serve as the beginning day of notice.Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. Item 2L Instructions to Bidders 1 INTRODUCTION Instructions to the Contractor in these specifications are generally written in active voice,imperative mood. The subject of imperative sentences is understood to be"the Contractor."The Owner's responsibilities are generally written in passive voice,indicative mood.Phrases such as"as approved,""unless otherwise approved,"'upon approval,""as directed,""as verified,""as ordered,"and"as determined"refer to actions of the Engineer unless otherwise stated,and it is understood that the directions,orders,or instructions to which they relate are within the limitations of and authorized by the Contract. ................. .. ... 2. ELIGIBILITY OF BIDDERS Bidders on this project must be prequalified though TxDOT.Refer to TxDOT's web site for prequalification requirements.Assure prequalification documents are submitted to TxDOT at least 14 days before bid opening.Comply with all technical prequalification requirements in the bid documents. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained at,__.. A. ._.__._ . _.....----.._......_.., _� ._.__�......w....... Copies will be available in CD format at no cost. At the time Bid Documents are obtained,Bidder must provide a working e-mail address,so as to receive any addenda or clarification issued by the Owner The Owner will not issue bid documents if one or more of the following apply: ■ the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid documents, ■ the Bidder failed to enter into a Contract on the original award, ■ the Bidder was defaulted or terminated on the original Contract,unless the Owner terminated for convenience,or ■ the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based. 4. INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approximate and will be used for the comparison of bids. Payments will be made for actual quantities of work performed in accordance with the Contract. 5. EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work.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 the use of the Owner in the preparation of plans.This information is provided for the Bidder's information only and the Owner 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 bid documents given during the bidding process are not binding.Only requirements included in the bid documents and Owner- issued addenda are binding.Request explanations of documents at least five(5)days prior to the bid opening. Immediately notify the Owner of any error,omission,or ambiguity discovered in any part of the bid documents. rhe Owner will issue addenda when appropriate. 6. PREPARING THE BID Prepare the bid form furnished by the Owner.Informational bid forms printed from the Owner's website will not be accepted. Specify a unit price in dollars and cents for each regular item,additive alternate item,deductive alternate item or replacement alternate 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. The Owner will not accept an incomplete bid.A bid that has one or more of the deficiencies listed below is considered incomplete: ■ the bid form was not signed, ■ all certifications were not acknowledged, ■ a regular item,additive alternate item or deductive alternate item is left blank, ■ a regular item and the corresponding replacement alternate item are left blank, ■ the bid form submitted had the incorrect number of items,or ■ all addenda were not acknowledged. 7. NONRESPONSIVE BID The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: a The bid was not in the hands of the Letting Official at the time and location specified in the advertisement. ■ A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. ■ The Bidder failed to acknowledge receipt of all addenda issued. ■ The bid form was signed by a person who was not authorized to bind the Bidder or Bidders. ■ The bid guaranty did not comply with the requirements contained in this Item. ■ The bid was in a form other than the official bid form issued by the Owner, ■ The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. ■ The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. ■ The Bidder did not attend a specified mandatory pre-bid conference. ■ The Bidder did not meet the requirements of the technical qualification. n The Bidder did not include a signed State of Texas Child Support Business Ownership Form. ■ The bidder is not prequalified by TxDOT ■ The bidder does not meet the Owner's qualification requirements. 8. SUBMITTAL OF BIDS 8.1 Electronic Bids.When electronic bidding is available,the Bidder is responsible for taking the appropriate measures to submit a bid.These measures include,but are not limited to,acquiring hardware,software,and Internet connectivity needed for submitting a bid via the Owner's bidding system. 8.11 Bid Form.Use the electronic bid form in the Owner's bidding system.When regular bid items have corresponding replacement alternate items,select the bid item or group of items to be used for the bid tabulation.Acknowledge all addenda listed in the Owner's bidding system. The electronic bid form may not contain the special provisions,special specifications,general notes,and other Contract documents.These documents are included by reference. 8.1.2. Bid Guaranty.Provide a bid guaranty in the amount indicated on the bid form.Use an electronic bid bond. Guaranty checks or printed bid bonds will not be accepted. Use the most current version of the electronic bond accepted by the Owner.For a joint venture,the bond must be in the name of alljoint venture participants.Enter the bond authorization code into the Owner's bidding system. It is the Bidder's responsibility to ensure the electronic bid bond is issued in the name or names of the Bidder or Bidders. 8.1.3. Submittal of Bid.Submit the bid using the Owner's bidding system. 8.1.4. Revising the Bid Form.Make desired changes as allowed by the Owner's bidding system up until the time and date set for the opening of bids.The last bid submitted will be used for tabulation purposes. 8.1.5. Withdrawing a Bid.Submit an electronic or written request to withdraw a bid before the time and date set for the opening.The Owner will not accept oral requests.An electronic request must be made using the Owner's bidding system. A written request must be signed and submitted to the Letting Official with proof of identification.The request must be made by a person authorized to bind the Bidder or Bidders.In the case ofjoint venture,the Owner will accept a request from any person authorized to bind a party to the joint venture.The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 8.2. Printed Bid. 8.2.1. Bid Form.Mark all entries in ink.As an alternative to hand writing the unit prices in the bid form,submit a typed bid form.A typed bid form must contain the information in the format shown on the"Example of Bid Prices Submitted by Computer Printout"in the bid form. When regular bid items have corresponding replacement alternate items,select the bid item or group of items to be used for the bid tabulation.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.In the case of a joint venture,the person signing the bid form must be authorized to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials,the Bidder must either: ■ submit unit bid prices for domestic items only,or ■ submit unit bid prices for both the domestic and foreign items. 8.2.2. Bid Guaranty.Provide a bid guaranty in the amount indicated on the bid documents.Use either a guaranty check or a printed bid bond.An electronic bid bond may be used as the guaranty.Ensure the electronic bid bond meets the requirements of Section 2.8.1.2.,"Bid Guaranty,*and submit the electronic bid bond with the printed bid. 8.2.3. Guaranty Check.Make the check payable to the Owner.The check must be a cashier's check,money order,or teller's check drawn by or on a state or national bank,or a state or federally chartered credit union (collectively referred to as"bankl.The check must be dated on or before the date of the bid opening. Postdated checks will not be accepted.The type of check or money order must be indicated on the face of the instrument,except in the case of a teller's check,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 Owner will not accept personal checks,certified checks, or other types of money orders. 8.2.4. Bid Bond.Use the bid bond form provided by the Owner.Submit the bid bond with the powers of attorney attached and in the amount specified.The bond 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 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 section.Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with State law. 8.2.5. Submittal of Bid.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 or in the bid documents.It is the Bidder's responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening.To be accepted,the bid must be in the hands of the Letting Official by that time of opening regardless of the method chosen for delivery. 8.2.6. Revising the Bid Form.Make desired changes to the bid form in ink and submit the bid to the Letting Official.The Owner will not make revisions to a bid on behalf of a Bidder. 8.2.7. Withdrawing a Bid.Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests.A written request must be signed and submitted to the Letting Official with proof of identification.The request must be made by a person authorized to bind the Bidder or Bidders.In the case of joint venture,the Owner will accept a request from any person authorized to bind a party to the joint venture.The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 9. OPENING AND READING OF BIDS At the time,date,and location specified in the official advertisement,the Owner will publicly open and read bids. 10. TABULATING BIDS 10.1. Official Total Bid Amount.The Owner 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 2.11 "Consideration of Unit Prices."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. 10.2. Rounding of Unit Prices.The Owner 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. 10.3. Interpretation of Unit Prices.The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items.The Owner's determination will be final. 10.4. Consideration of Unit Prices. 10.4.1 A+B Bidding.The official total bid amount will be determined by the summation of the Contract amount and the time element.The Owner will use the following formula to make the calculation: A+BI , B2+ BX+ , + BT The Contract amount,equal to A in the formula,is determined by the summation of the products of the approximate quantities shown in the bid and the unit bid prices bid.The time element,equal to B1, B2,BX (when phases are included as bid components),and BT(substantial completion of the project when included as a bid component),of the bid is determined by multiplying the number of working days bid to substantially complete the project,or phases,by the daily road-user cost(RUC)provided on the bid documents.When partial days are bid they will be rounded up to the nearest whole day. The formula above determines the low Bidder and establishes the Contract time. 10.4.2. 'Buy America."Comply with Buy America in accordance with Section 6.1.1, For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder,their total bid must be at least 25%lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project,as delivered to the project site,is less than$2,500 or one-tenth-of- one-percent(1/10 of 1%)of the Contract amount,whichever is greater 11. CONSIDERATION OF BID ERRORS. The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: ■ Submit written notification to the Owner within 5 business days after the date the bid is opened. ■ Identify the items of work involved and include bidding documentation.The Owner may request clarification of submitted documentation. The Owner 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 Owner will result in the rejection of the bid of the apparent low bidder .and the Owner may consider the second responsive bid.The erring Contractor will not be allowed to bid the project if it is relet.Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Owner 12. TIE BIDS If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted,each tie Bidder will be given an opportunity to withdraw their bid.If 2 or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss.If all tie Bidders request to withdraw their bids,no withdrawals will be allowed and the low Bidder will be determined by a coin toss.The Letting Official will preside over the proceedings for the coin toss. Item 3L Award and Execution of Contract 1. AWARD OF CONTRACT The Owner will award,reject,or defer the Contract within 30 days after the opening of the bid.The Owner reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner. 11 Award.The Owner will award the Contract to the low Bidder as determined by Article 2.11.,"Tabulating Bids."The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: ■ The low Bidder withdraws its bid. ■ The low Bidder fails to enter into a contract with the Owner after Award ■ The second low Bidder's unit bid prices are reasonable. 1.2. Rejection.The Owner will reject the Contract if: ■ Collusion may have existed among the Bidders.Collusion participants will not be allowed to bid future bids for the same Contract. ■ The low bid is mathematically and materially unbalanced.The Bidder will not be allowed to bid future bids for the same Contract. ■ The lowest bid is higher than the Owner's estimate and re-advertising for bids may result in a lower bid. ■ Rejection of the Contract is in the best interest of the Owner. Deferral.The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. 2. RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best interest of the Owner,The Owner will return the bid guaranty to the Contractor. 3. DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. 4. EXECUTION OF CONTRACT Provide the following within 15 days after written notification of award of the Contract: 4.1 Contract.Executed by Contractor and Surety. 4.2. Bonds.Executed performance bond and payment bond in the full amount of the Contract price with powers of attorney.Provide bonds in accordance with Table 1 Furnish the payment and performance bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 BondingRequirements Contract Amount Required Bonds Less than$25,000 None $25,000 to$100,0_00 Payment More than$100,000 Performance and Payment 4.3. Insurance.Submit a Certificate of Insurance showing coverages in accordance with Contract requirements. 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 Owner receives an acceptable Certificate of Insurance. Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage shown in Table 2.The Certificate of Insurance must be in a form approved by the Owner,Any Certificate of Insurance provided must be available for public inspection. Table 2 Insurance Regutrements � 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 All Risk Builder's Risk Insurance 100%of Contract Price (For building-facilities Contracts only) By signing the Contract,the Contractor certifies compliance with all applicable laws,rules,and regulations pertaining to workers'compensation insurance.This certification includes all subcontractors.Pay all deductibles stated in the policy.Subcontractors must meet the requirements of Table 2 either through their own coverage or through the Contractor's coverage. The Workers'Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. For building-facilities Contracts,provide All Risk Builder's Risk Insurance to protect the Owner 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 Owner under the Lost Payable Clause. For Contracts with railroad requirements,see project-specific details for additional insurance requirements. 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 Owner.The substitute Surety must be authorized by the laws of the State and acceptable to the Owner.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. The work performed under this section will not be measured or paid for directly but will be subsidiary to pertinent items. 4.4. Railroad Documents.Provide all required documents for satisfaction of railroad requirements for projects that have work which involves railroad right of way. 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Article 3.4.,"Execution of Contract, the bid guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Contractor forfeiting the bid guaranty will not be considered in future bids for the same work unless there has been a substantial change in design of the work. 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. 7. RETURN OF BID GUARANTY The bid guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed.Bid bonds will not be returned. 8. BEGINNING OF WORK Do not begin work until authorized in writing by the Owner When callout work is required,provide a method of contact available from 8 A.M.until 5 P.M.every work day and 24 hr.a day,7 days a week for projects with emergency mobilization,unless otherwise shown on the plans.The time of notice will be the transmission time of the notice sent,provided orally,or provided in person by the Owner's representative. Verify all quantities of materials shown on the plans before ordering. For projects with alternate bid items,the work order will identify the base bid work and additive or deductive alternate work to be performed.The Owner makes no guarantee that the additive or deductive alternate work will be required. 9. ASSIGNMENT OF CONTRACT Do not assign,sell,transfer,or otherwise dispose of the Contract or any portion rights,title,or interest (including claims)without the approval of the Owner or designated representative.The Owner must deem any proposed assignmentjustified and legally acceptable before the assignment can take place. 10. EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency. Item 4L Scope of Work 1. CONTRACT INTENT intent of the Contract is to describe the completed work to be performed.Furnish materials,supplies, tools,equipment,labor,and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 2. PRECONSTRUCTION CONFERENCE Before starting work,schedule and attend a preconstruction conference with the Owner.Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Work with the Owner to resolve all issues during the course of the Contract.Refer to Article 4.7 "Dispute or Claims Procedure,"for all unresolved issues. 3. PARTNERING The intent of this Article is to promote an environment of trust,mutual respect,integrity,and fair-dealing between the Owner and the Contractor, Informal partnering does not make use of a facilitator,while formal partnering uses the services of a facilitator (internal or external). 3.1 Procedures for Partnering Meetings and Format.Informal partnering is required,unless formal partnering is mutually agreed to instead of the informal partnering. 3.2. 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. 3.2.1 Internal Facilitators.An Owner or Contractor internal(staff)facilitator may be selected as the facilitator at no additional cost to either party. 3.2.2. Extemal Facilitators.A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator.Submit the facilitator's name and estimated fees for approval before contracting with the facilitator. 3.3. 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 or visual equipment.Make all meeting arrangements for formal partnering.Use Owner facilities or facilities in the vicinity of the project if available.Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before 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 Owner will invite and provide a list of attendees that includes,but is not limited to,Owner,TxDOT, other local governments,law enforcement,railroad,and utility representatives. Participate in additional partnering meetings as mutually agreed. 3.4. Payment.Expenses for labor Contractor equipment,or overhead will not be allowed.Markups as prescribed in Article 9.7.,"Payment for Extra Work and Force Account Method,"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.Owner facilitators,if available,may be used at no additional cost. For formal partnering using external facilitators,submit an invoice to the Engineer for reimbursement.The Owner will reimburse the Contractor for half of the eligible expenses as approved.For external facilitators not approved by the Owner 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 Owner will reimburse the Contractor for half of the eligible expenses as approved. 4. CHANGES IN THE WORK The Engineer reserves the right to make changes in the work including addition,reduction,or elimination of quantities and alterations needed to complete the Contract.Perform the work as altered.These changes will not invalidate the Contract nor release the Surety.The Contractor is responsible for notifying the sureties of any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract,the altered work will be paid for at the Contract unit price.If the changes in quantities or the alterations significantly change the character of the work,the Contract will be amended by a change order.If no unit prices exist,this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested,in an acceptable format.Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work.If there is no agreement,the Engineer may order the work to proceed under Article 9.7.,"Payment for Extra Work and Force Account Method,"or by making an interim adjustment to the Contract.In the case of an adjustment,the Engineer will consider modifying the compensation after the work is performed. A significant change in the character of the work occurs when: ■ the character of the work for any item as altered differs materially in kind or nature from that in the Contract or ■ a major item of work varies by more or less than 25%from the original Contract quantity. When the quantity of work to be done under any major item of the Contract is more than 125%of the original quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75%of the original quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit price. When mutually agreed,the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1 If an adjusted unit price cannot be agreed upon,the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity-Based Price Adjustment Factors %of Original Quantity Factor >_50 and<75 1.05 z 25 and<50 1 15 � e 25 1.25 If the changes require additional working days to complete the Contract,Contract working days will be adjusted in accordance with Item 8,"Prosecution and Progress. 5. DIFFERING SITE CONDITIONS During the progress of the work,differing subsurface or latent physical conditions may be encountered at the site.The 2 types of differing site conditions are defined as: ■ those that differ materially from those indicated in the Contract and ■ unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered.The Engineer will notify the Contractor when the Owner discovers differing site conditions.Unless directed otherwise,do not work on the affected items and leave the site undisturbed.The Engineer will investigate the conditions and determine whether differing site conditions exist.If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract,the Engineer will make adjustments,excluding the loss of anticipated profits,in accordance with the Contract.Additional compensation will be made only if the required written notice has been provided. 6. REQUESTS FOR ADDITIONAL COMPENSATION Notify the Engineer in writing of any intent to request additional compensation once there is knowledge of the basis for the request.An assessment of damages is not required to be part of this notice but is desirable.The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise.Minimize impacts and costs. If written notice is not given,the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work.Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request.Submit the request in enough detail to enable the Owner to determine the basis for entitlement,adjustment in the number of working days specified in the Contract,and compensation. The Owner will not consider fees and interest on requests for additional compensation.Fees include,but are not limited to:preparation,attorney,printing,shipping,and various other fees. Damages occur when impacts that are the responsibility of the Owner 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 Owner 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 Owner. 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: 6.1. Standby Equipment Costs.Payment will be made in accordance with Section 9.7,1.4.3.,"Standby Equipment Costs." 6.2. 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 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 number of original Contract work days),or ■ actual documented costs for the impacted period. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 6.3. Home Office Overhead.The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor Emphasis is placed on resolving issues while they are still current,at the project office,and in an informal manner.Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared,decisions may be limited to relying on the documentation that is available for review. The Owners's goal is to have a dispute settled by the Engineer before elevating it as a claim. If a dispute cannot be resolved,initiate the Contract claim procedure by filing a Contract claim after the completion of the Contract or when required for orderly performance of the Contract.Submit the claim to the Owner in accordance with state law. For a claim resulting from enforcement of a warranty period,file the claim no later than one year after expiration of the warranty period.For all other claims,file the claim no later than the date the Owner issues notice to the Contractor that they are in default,the date the Owner terminates the Contract,or one year after the date of final acceptance of the Contract.It is the Contractor's responsibility to submit requests in a timely manner. Item 5L Control of the Work 1 AUTHORITY _ .._.......... OF ENGINEER The Engineer has the authority test,inspect,approve,and accept the work on behalf of the Owner.The Engineer decides all questions about the quality and acceptability of materials,work performed, work progress,Contract interpretations,and acceptable Contract fulfillment.The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract.The Engineer's decisions will be final and binding. 2. PLANS AND WORKING DRAWINGS When required,provide working drawings to supplement the plans with all necessary details not included on the Contract plans.Prepare and furnish working drawings in a timely manner and obtain approval,if required, before the beginning of the associated work.For all working drawing submittal requirements,the Engineer may allow electronic and other alternative submission procedures.Have a licensed professional engineer sign,seal,and date the working drawings as indicated in Table 1 Prepare working drawings using United States standard measures in the English language.The routing of submittals for review and approval will be established at the preconstruction conference.The Contractor is responsible for the accuracy,coordination,and conformity of the various components and details of the working drawings.Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract.The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. Table 1 Si nature and Approval Requirements for Working Drawings Requires Licensed Requires Owner Working Drawings For Professional Engineer's Approval Signature,Seal,and Date 1 Alternate or optional designs Yes Yes submitted by Contractor 2.Supplementary shop and fabrication unless�required See applicable drawings for structural Items Item _ on the plans_ 3.Contractor-proposed temporary facilities that affect the public safety,not Yes Yes included on the plans Bridges,retaining Yes 4.Form walls,and other unless otherwise Nor falsework major structures shown on the plans J details No 1 Minor structures unless otherwise No shown on the plans 5. Erection drawings Yes N912 6.Contractor-proposed major Yes Yes modifications to traffic control plan 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected,in the opinion of the Engineer. 3. CONFORMITY WITH PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines,grades,cross-sections, dimensions,details,gradations,physical and chemical characteristics of materials,and other requirements shown in the Contract(including additional plans for non-site-specific work).Reasonably close conformity limits will be as defined in the respective items of the Contract or,if not defined,as determined by the Engineer.Obtain approval before deviating from the plans and approved working drawings.Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer's approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration.The Owner will not pay for material rejected due to improper fabrication,excess quantity,or any other reasons within the Contractor's control. 3.1 Acceptance of Defective or Unauthorized Work.When work fails to meet Contract requirements,but is adequate to serve the design purpose,the Engineer will decide the extent to which the work will be accepted and remain in place.The Engineer will document the basis of acceptance by a letter and may adjust the Contract price. 3.2. Correction of Defective or Unauthorized Work.When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective.Correct,or remove and replace,the work at the Contractor's expense,as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work.The cost may be deducted from any money due or to become due to the Contractor, 4. COORDINATION OF PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS The specifications,accompanying plans(including additional plans for non-site-specific work),special provisions,change orders,and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions.Special provisions govern over plans(including general notes),which govern over standard specifications and special specifications.Job-specific plan sheets govern over standard plan sheets. However in the case of conflict between plans(including general notes)and specifications regarding responsibilities for hazardous materials and traffic control in Items 1 L through 9L and Item 502,Barricades, Signs,and Traffic Handling,"special provisions govern over standard specifications and special specifications,which govern over the plans. Notify the Engineer promptly of any omissions,errors,or discrepancies discovered so that necessary corrections and interpretations can be made.Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors,omissions,or discrepancies discovered. 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer Respond promptly to instructions from the Engineer.Provide all information necessary to administer the Contract. Designate in writing a competent,English-speaking Superintendent employed by the Contractor,The Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract.Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor.The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. At the written request of the Engineer,immediately remove from the project any employee or representative of the Contractor or a subcontractor who,in the opinion of the Engineer,does not perform work in a proper and skillful manner or who is disrespectful,intemperate,disorderly,uncooperative,or otherwise objectionable.Do not reinstate these individuals without the written consent of the Engineer. Furnish suitable machinery,equipment,and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. The Engineer may suspend the work without suspending working day charges until the Contractor complies with this requirement.All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 6. COOPERATING WITH UTILITIES Use established safety practices when working near utilities.Consult with the appropriate utilities before beginning work.Notify the Engineer immediately of utility conflicts.The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict.Unless otherwise shown on the plans,the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities.Allow utilities access to the right of way. Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities.Cooperate with utilities until service is restored.Maintain access to active fire hydrants at all times unless approved by the Engineer. 7. COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company. If the work is on railroad right of way,do not interfere with the operation of the railroad company's trains or other property. 8.1. Project-Specific Information.Refer to project-specific plan sheets in the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way; railroad right of way locations impacted by construction;percentage of Contract work at each location;train movements at each location;and requirements for railroad insurance,flagging,and Right of Entry(ROE) Agreements. 8.2. Right of Entry Agreement(if required).The process for obtaining a fully executed ROE Agreement will be as follows: rr The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract. ■ Partially execute the ROE Agreement and return it to the Department with the required insurance attached. ■ The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees.The Owner will pay any ROE Agreement fees directly to the railroad company. ■ Once the Owner has received the fully-executed ROE Agreement from the railroad company,the Owner will forward the fully-executed ROE Agreement to the Contractor. ......_..-----._-------------------_._...........v....................................................... 9. CONSTRUCTION SURVEYING Use Method A unless otherwise specified in the Contract.Upon request,the Engineer will allow the Contractor to copy available earthwork cross-sections,computer printouts or data files,and other information necessary to establish and control work.Maintain the integrity of control points.Preserve all control points, stakes,marks,and right of way markers.Assume cost and responsibility of replacing disturbed control points,stakes,marks,and right of way markers damaged by the Contractor's or its subcontractor operations. If the Owner repairs disturbed control points,stakes,marks,or right of way markers,the cost of repair may be deducted from money due or to become due to the Contractor.Replace right of way markers under the direction of a RPLS.This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities.The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work.Allow the Engineer adequate time to verify the surveying. 9.1 Method A.The Engineer will set control points for establishing lines,slopes,grades,and centerlines and for providing both vertical and horizontal control.At a minimum,provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 miles in length.For projects greater than 2 miles in length,monuments will be set in pairs of 2 at a minimum of 2 miles based on the overall length of the project.Use these control points as reference to perform the work. Furnish materials,equipment,and qualified workforce necessary for the construction survey work.Place construction points,stakes,and marks at intervals sufficient to control work to established tolerances.Place construction stakes at intervals of no more than 100 ft.,or as directed.Place stakes and marks so as not to interfere with normal maintenance operations. 9.2. Method B.The Engineer will set adequate control points,stakes,and marks to establish lines,slopes, grades,and centerlines.Furnish additional work,stakes,materials,and templates necessary for marking and maintaining points and lines. 9.3. Method C.Set adequate control points,stakes,and marks to establish lines,slopes,grades,and centerlines. 10. INSPECTION Inspectors are authorized representatives of the Engineer.Inspectors are authorized to examine all work performed and materials furnished,including preparation,fabrication,and material manufacture.Inspectors inform the Contractor of failures to meet Contract requirements.Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer.Inspectors cannot alter add,or waive Contract provisions,issue instructions contrary to the Contract,act as foremen for the Contractor,or interfere with the management of the work.Inspection,or lack of inspection,will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection.Give the Engineer sufficient notice to inspect the work.Work performed without suitable inspection,as determined by the Engineer,may be ordered removed and replaced at Contractor's expense.Remove or uncover portions of finished work as directed.Once inspected,restore work to Contract requirements.If the uncovered work is acceptable,the costs to uncover remove,and replace or make good the parts removed will be paid for in accordance with Article 4.4.,"Changes in the Work."If the work is unacceptable,assume all costs associated with repair or replacement,including the costs to uncover,remove,and replace or make good the parts removed. When a government entity,utility,railroad company,or other entity accepts or pays a portion of the Contract, that organization's representatives may inspect the work but cannot direct the Contractor.The right of inspection does not make that entity a parry to the Contract and does not interfere with the rights of the parties to the Contract. 11. FINAL CLEANUP Upon completion of the work,remove litter,debris,objectionable material,temporary structures,excess materials,and equipment from the work locations.Clean and restore property damaged by the Contractor's operations during the prosecution of the work.Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. Remove from the right of way cofferdams,construction buildings,material and fabrication plants,temporary structures,excess materials,and debris resulting from construction.Where work is in a stream,remove debris to the ground line of the bed of the stream.Leave stream channels and rights of way in a neat and presentable condition.Clean structures to the flow line or the elevation of the outfall channel,whichever is higher.Dispose of all excess material in accordance with federal,state,and local regulations. 12. FINAL ACCEPTANCE 12.1. Final acceptance is made when all work is complete and the Engineer,in writing,accepts all work for the work locations in the Contract.Final acceptance relieves the Contractor from further Contract responsibilities. 12.1.1. Work Completed.Work completed must include work for vegetative establishment and maintenance,test, and performance periods and work to meet the requirements of Article 5.11 "Final Cleanup." 12.1.2. Final Inspection.After all work is complete,the Contractor will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible,and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection,if the work is satisfactory,the Engineer will notify the Contractor in writing of the final acceptance of the work.If the final inspection finds any work to be unsatisfactory,the Engineer will identify in writing all deficiencies in the work requiring correction.Correct the deficiencies identified.Working day charges will resume if these deficiencies are not corrected within 7 calendar days,unless otherwise approved.Upon correction,the Engineer will make an inspection to verify that all deficiencies were corrected satisfactorily.The Engineer will provide written notice of the final acceptance. 12.1.3. Final Measurement.Final measurements and pay quantity adjustments may be made after final acceptance. 12.1.4. Removal of Traffic Control Devices.Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. Item 6L Control of Materials . 1SOURCE CONTROL Use only materials that meet Contract requirements.Unless otherwise specified or approved,use new materials for the work.Secure the Engineer's approval of the proposed source of materials to be used before their delivery.Materials can be approved at a supply source or staging area but may be reinspected in accordance with Article 6.4.,"Sampling,Testing,and Inspection." Buy America.Comply with the latest provisions of Buy America as listed at 23 CFR 635.410.Use steel or iron materials manufactured in the United States except when, ■ the cost of materials,including delivery,does not exceed 0.1%of the total Contract cost or$2,500, whichever is greater; ■ the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item;or ■ the materials are temporarily installed. Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent)with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content,physical shape or size,or final finish of a product.Manufacturing begins with initial melting and mixing and continues through fabrication(cutting, drilling,welding,bending,etc.)and coating(paint,galvanizing,epoxy,etc.). 1.2. Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if such materials have been: ■ produced by convicts who are on parole,supervised release,or probation from prison;or ■ produced in a qualified prison facility. A"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. 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results.Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected,unless the Engineer approves corrective actions.Upon rejection,immediately remove and replace rejected materials. If the Contractor does not comply with this article,the Owner may have defective material removed and replaced.The cost of testing,removal,and replacement will be deducted from the estimate. 3.. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 4. SAMPLING,TESTING,AND INSPECTION Incorporate into the work only material that has been inspected,tested,and accepted by the Engineer. Remove,at the Contractor's expense,materials from the work locations that are used without prior testing and approval or written permission. Unless otherwise mutually agreed,the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern.Unless otherwise noted,the Engineer will perform testing at Owner's expense.In addition to facilities and equipment required by the Contract,furnish facilities and calibrated equipment required for tests to control the manufacture of construction items.If requested,provide a complete written statement of the origin,composition,and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use.Material which has been tested and approved at a supply source or staging area may be reinspected or tested before or during incorporation into the work,and rejected if it does not meet Contract requirements.Copies of test results are to be made available upon request.Do not use material that,after approval,becomes unfit for use. Unless otherwise noted in the Contract,all testing must be performed within the United States and witnessed by the Engineer.If materials or processes require testing outside the contiguous 48 United States,reimburse the Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may,but is not obligated to,inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. If inspection is at the plant,meet the following conditions unless otherwise specified; ■ Cooperate fully and assist the Engineer during the inspection. ■ Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. ■ In accordance with pertinent items and the Contract,provide a facility at the plant for use by the Engineer as an office or laboratory. w Provide and maintain adequate safety measures and restroom facilities. ■ Furnish and calibrate scales,measuring devices,and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: ■ continuous production of materials for Owner use is necessary due to the production volume being handled at the plant,and ■ the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work.Store materials so that they can be easily inspected and retested.Place materials under cover,on wooden platforms,or on other hard,clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way.Storage space off the right of way is at the Contractor's expense. 7. OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents.The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used.Assume responsibility for materials upon receipt. 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the ev,.ava,,on areas and meeting the Owner's specifications may be used in the work.This rn teria�tnN be Said or at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission.If excavation is allowed within a right of way project-specific location (PSL),replace the removed material with suitable material at no cost to the Owner as directed. 9. RECYCLED MATERIALS The Owner will not allow hazardous wastes,as defined in 30 TAC 335,proposed for recycling to be used on the project.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. 10. HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Item 1 L,"Abbreviations and Definitions." 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 owner may contain hazardous materials.Except when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner 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 Owner, except in the case of when the contract includes removing and disposing of hazardous materials. 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, 10.1 Painted Steel Requirements.Paint containing hazardous materials will be removed as shown on the plans. 10.1.1 Paint Removed by Third Party.The Owner may provide a third party to remove paint containing hazardous materials where paint must be removed to perform work or to allow dismantling of the steel. 10.1.2. Paint Removed by the Contractor.This work may only be performed by a firm or company with one of the following certifications: ■ SSPC-QP2 certification for lead painting operations,or ■ Certified Lead Firm by the Texas Department of State Health Services. Maintain certification for the duration of the work.Provide copies of audits or certification if requested. Comply with worker and public safety regulations,including,but not limited to,OSHA 29 CFR Parts 1910.1025,1926.62,and 1926 63.Monitor permissible exposure limits in accordance with OSHA requirements. Remove paint containing hazardous materials from designated areas shown on the plans or as directed. Comply with access limitations shown on the plans. Provide power hand tools,equipped with high-efficiency particulate air filter vacuums to mechanically remove paint. Contain,collect,store,transport,and dispose of all waste generated by cleaning operation in accordance with local,state,and federal requirements including 40 CFR 302.Properly characterize and dispose of all wastes.Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes.Provide copies of disposal manifests. The work performed,materials furnished,equipment,labor tools,and incidentals will be paid for in accordance with Item 446,"Field Cleaning and Painting Steel." 10.2. Removal and Disposal of Painted Steel.Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans.If the paint contains hazardous materials,maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. 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. The work provided,materials furnished,equipment,labor tools,and incidentals will be paid for in accordance with Item 496,"Removing Structures,*and Item 497,"Sale of Salvagable Material." 10.3. Asbestos Requirements.The plans will indicate locations or elements where asbestos containing materials (ACM)have been found.At locations where previously unknown ACM has been found,the Owner will arrange for abatement by a third party.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 Owner enough time to abate the asbestos. 10.4. Work Performed by a Third Party.When the work for removal of paint or asbestos abatement is to be provided by a third party,coordinate and cooperate with the third party and the Owner.Continue other work detailed on the plans not directly involved in the paint removal or asbestos abatement work.Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. 11. SURPLUS MATERIALS Take ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer. Remove and dispose of materials in accordance with federal,state,and local regulations.If requested, provide an appropriate level of documentation to verify proper disposal.When materials are disposed of on private property,provide written authorization from the property owner for the use of the property for this purpose upon request. Item 7L Legal Relations and Responsibilities 1. SAFETY I Point of Contact.Designate a Contractor Safety Point of Contact(CSPOC).The Owner will assign an Owner employee for their point of contact designated as Owner's Safety Point of Contact OSPOC.The CSPOC will ensure that the Contractor's and Subcontractor's employees'use the appropriate personal protection equipment(hard hats,safety vests,protective toe footwear etc.). The CSPOC will ensure that crew leaders and foremen(including subcontractors)have attended the required training. Safety Preconstruction Meeting.In cooperation with the Engineer,schedule and attend a safety preconstruction meeting(may be a part of the preconstruction conference in Article 4.2.,"Preconstruction Conference."Attendees for this safety preconstruction meeting will be: ■ the Contractor ■ subcontractors, ■ Owner ■ local law enforcement,and ■ other personnel that play an active role on the project. 1.3. Public Safety and Convenience.Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer.Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel.Manage construction to minimize disruption to traffic.Maintain the roadway in a good and passable condition,including proper drainage and provide for ingress and egress to adjacent property. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Item 502.2.2.,Tlaggers,"for the safety and convenience of the traveling public and workers,as directed. If the Engineer determines that any of the requirements of this article have not been met,the Engineer may take any necessary corrective action.This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor. 1.4. Use of Blue Warning Lights.Texas Transportation Code 547.105 authorizes the use of warning lights to promote safety and provides an effective means of gaining the travelling public's attention as they drive in areas where construction crews are present.In order to influence the public to move over when high risk construction activities are taking place,minimize the utilization of blue warning lights.These lights must be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure,or one-way traffic control.Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone. 1.5. Barricades,Warning and Detour Signs,and Traffic Handling.Provide,install,move,replace,maintain, clean,and remove all traffic control devices in accordance with the traffic control devices specifications and as shown on the plans and as directed.If details are not shown on the plans,provide devices and work in accordance with the TMUTCD and as directed by the Engineer,When authorized or directed by the Engineer,provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed,make all reasonable efforts to promptly contact the Engineer.Take prudent actions until the Engineer can be contacted. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs.When project limit advance warning signs are removed before final acceptance,traffic control in accordance with the TMUTCD may be used for minor operations as approved.Removal or relocation of project limit advance warning signs does not imply final acceptance. 2. LAWS TO BE OBSERVED Comply with all federal,state,and local laws,ordinances,and regulations that affect the performance of the work.Indemnify and save harmless the Owner and its representatives against any claim arising from violation by the Contractor of any law,ordinance,or regulation. This Contract is between the Owner and the Contractor only.No person or entity may claim third-party beneficiary status under this Contract or any of its provisions,nor may any non-parry sue for personal injuries or property damage under this Contract. 3. PERMITS, LICENSES,AND TAXES Procure all permits and licenses;pay all charges,fees,and taxes;and give all notices necessary and incidental to the due and lawful prosecution of work,except for permits provided by the Owner and as specified in Article 7.6.,"Preservation of Cultural and Natural Resources and the Environment." 4. PATENTED DEVICES,MATERIAL, AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design,device,material,process,trademark,or copyright selected by the Contractor and used in connection with the work.Indemnify and save harmless the Owner against any costs,expenses,or damages that it may be obliged to pay,by reason of this infringement,at any time during the prosecution or after the completion of the work. 5. PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will incur no liability,personal or otherwise,in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 6. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes,the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. 6.1 Cultural Resources.Cease all work immediately if a site,building,or location of historical,archeological, educational,or scientific interest is discovered within the right of way.The site,building,or location will be investigated and evaluated by the Owner. 6.2. Texas Pollutant Discharge Elimination System(TPDES)Permits and Storm Water Pollution Prevention Plans(SWP3).The Owner will file the Notice of Intent(NOI)and the Notice of Termination (NOT)for work shown on the plans in the right of way.Adhere to all requirements of the SWP3. 6.3. Work in Waters of the United States.For work in the right of way,the Owner will obtain any required Section 404 permits from the U.S.Army Corps of Engineers before work begins.Adhere to all agreements, mitigation plans,and standard best management practices required by the permit.When Contractor-initiated changes in the construction method changes the impacts to waters of the U.S.,obtain new or revised Section 404 permits. 6.4. Work in Navigable Waters of the United States.For work in the right of way,the Owner will obtain any required Section 9 permits from the U.S.Coast Guard before work begins.Adhere to the stipulations of the permits and associated best management practices.When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U.S.,obtain new or revised Section 9 permits. 6.5. Work Over the Recharge or Contributing Zone of Protected Aquifers.Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers,as defined and delineated by the TCEQ.Use best management practices and perform work in accordance with Contract requirements. 6.6. Project-Specific Locations.For all project-specific locations(PSLs)on or off the right of way(material sources,waste sites,parking areas,storage areas,field offices,staging areas,haul roads,etc.),signing the Contract certifies compliance with all applicable laws,rules,and regulations pertaining to the preservation of cultural resources,natural resources,and the environment as issued by the following or other agencies: m Occupational Safety and Health Administration, ■ Texas Commission on Environmental Quality, ■ Texas Department of Transportation, ■ Texas Historical Commission, ■ Texas Parks and Wildlife Department, ■ Texas Railroad Commission, ■ U.S.Army Corps of Engineers, ■ U.S.Department of Energy, ■ U.S.Department of Transportation, ■ U.S.Environmental Protection Agency, ■ U.S.Federal Emergency Management Agency,and ■ U.S.Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws,rules,regulations,and requirements in the Contract.Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts,and correspondence with the resource agencies.Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans.Prepare an SWP3 for all Contractor facilities,such as asphalt or concrete plants located within public right of way.Comply with all TCEQ permit requirements for portable facilities,such as concrete batch plants, rock crushers,asphalt plants,etc.Address all environmental issues,such as Section 404 permits,wetland delineation,endangered species consultation requirements,or archeological and historic site impacts.Obtain all permits and clearances in advance. 7. AGRICULTURAL IRRIGATION 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 performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 8. SANITARY PROVISIONS Provide and maintain adequate,neat,and sanitary toilet accommodations for employees,including Owner employees,in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 9. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract.Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors,generators,pumps,etc.Place mobile and stationary equipment to cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise-attenuation devices installed by the manufacturer such as mufflers,engine covers,insulation,etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 10. USING EXPLOSIVES Do not endanger life or property.The contractor is required to submit a written Blasting Plan if required by the plans or requested by the Engineer.The Owner retains the right to reject the blasting plan.Store all explosives securely and clearly mark all storage places with"DANGER—EXPLOSIVES."Store,handle,and use explosives and highly flammable material in compliance with federal,state,and local laws,ordinances, and regulations.Assume liability for property damage,injury,or death resulting from the use of explosives. Give at least a 48-hr.advance notice to the appropriate Road Master before doing any blasting work involving the use of electric blasting caps within 200 ft.of any railroad track. 11. RESPONSIBILITY FOR HAZARDOUS MATERIALS Indemnify and save harmless the Owner and its agents and employees from all suits,actions,or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on Owner-owned or controlled sites.Indemnify and save harmless the Owner and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained,processed,stored,shipped,etc.,on sites not owned or controlled by the Owner.Reimburse the Owner for all payments,fees,or restitution the Owner is required to make as a result of the Contractor's actions. 12. 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 Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member, Provide the scheduled start and completion date of structure demolition,renovation,or removal. 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 before initiating demolition or renovation.If the date of actual demolition,renovation,or removal is changed,the Owner 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 enough time to allow for the Owner'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 Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 13. RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone to make an opening in the highway for utilities,drainage,or any other reason without written permission by the Engineer.Repair all openings as directed by the Engineer.Payment for repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4.4., "Changes in the Work."Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 14. PROTECTING ADJACENT PROPERTY Protect adjacent property from damage.If any damage results from an act or omission on the part of or on behalf of the Contractor take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 15. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees from all suits,actions,or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's negligence in the performance of the work and from any claims arising or amounts recovered under any laws,including workers'compensation and the Texas Tort Claims Act.Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act,omission,neglect,or misconduct on the Contractor's part in the manner or method of executing the work;from failure to properly execute the work;or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way.Indemnify and save harmless the Owner from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation.Make available the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. 16. HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights.Except for the designated Interstate system,vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load.Provide copies of the yearly overweight tolerance permits to the Engineer upon request.Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract.Construction traffic on roadways,bridges,and culverts within the limits of the work,including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures.This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non-divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public.Submit Contractor- proposed changes to traffic control plans for approval,in accordance with Item 502,"Barricades,Signs,and Traffic Handling."The following sections further address overweight allowances.The Owner will make available to the Contractor any available plans and material reports for existing structures. 16.1. Overweight Construction Traffic Crossing Structures.The Engineer may allow crossing of a structure not open to the public within the work locations,when divisible or non-divisible loads exceed legal weight limitations,including limits for load-posted bridges.Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed.Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights,the configuration of the axles,or other information necessary for the analysis.Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review.Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion.Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time.Use barricades, fences,or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. 16.2. Construction Equipment Operating on Structures.Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures.Before any operation that may require placement of equipment on a structure,submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review and approval.Include all axle loads and configurations,spacing of tracks or wheels,tire loads, outrigger placements,center of gravity,equipment weight,and predicted loads on tires and outriggers for all planned movements,swings,or boom reaches.The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. 16.3. Loads on Structures.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.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. 16.4. Hauling Divisible Overweight Loads on Pavement Within the Work Locations.The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads.Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 17. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract,take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause,whether arising from the execution or from the nonexecution of the work.Protect all materials to be used in the work at all times,including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel,it may be opened to traffic as directed.Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance.Repair damage to existing facilities in accordance with the Contract or as directed.Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense.Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below. 171, Reimbursable Repair.Except for damage to appurtenances listed in Section 7.17.2.1.,"Unreimbursed Repair, the Contractor will be reimbursed for repair of damage caused by: ■ motor vehicle,watercraft,aircraft,or railroad-train incident, ■ vandalism;or ■ Acts of God,such as earthquake,tidal wave,tomado,hurricane,or other cataclysmic phenomena of nature. 17.2. Appurtenances. 17.21 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 7.17.2.2,"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 Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project. 17.2.2. Reimbursed Repair Reimbursement will be made for repair of damage due to the causes listed in Section 7.17.1 ,"Reimbursable Repair,"to appurtenances(including temporary and permanent crash cushion attenuators and guardrail end treatments). 17.3. Roadways and Structures.Until final acceptance,the Contractor is responsible for all work constructed under the Contract.The Owner will not reimburse the Contractor for repair work to new construction,unless the failure or damage is due to one of the causes listed in Section 7171.,"Reimbursable Repair.` The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 17.4. Detours.The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract,unless the failure or damage is due to one of the causes listed in Section 7,171 r "Reimbursable Repair.'The Engineer may consider failures beyond the Contractor's control when determining reimbursement for repairs to detours constructed.The Owner will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. 17.5. Relief from Maintenance.The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this section.This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. 17.5.1 Isolated Work Locations.For isolated work locations,when all work is completed,including work for Article 5.11.,"Final Cleanup,"the Engineer may relieve the Contractor from responsibility for maintenance. 17.5.2. Work Except for Vegetative Establishment and Test Periods.When all work for all or isolated work locations has been completed,including work for Article 5.11.,"Final Cleanup,"with the exception of vegetative establishment and maintenance periods and test and performance periods,the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 17.5.3. Work Suspension.When all work is suspended for an extended period of time,the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension. 17.5.4. When Directed by the Engineer.The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 17.6. Basis of Payment.When reimbursement for repair work is allowed and performed,payment will be made in accordance with pertinent items or Article 4.4.,"Changes in the Work." 18. ELECTRICAL REQUIREMENTS 18.1. Definitions. 18.1.1. Electrical Work. Electrical work is work performed for: ■ Item 610,"Roadway Illumination Assemblies," ■ Item 614,"High Mast Illumination Assemblies," ■ Item 616,"Performance Testing of Lighting Systems," ■ Item 617,'Temporary Roadway Illumination," ■ Item 618,"Conduit," ■ Item 620,"Electrical Conductors," ■ Item 621,'Tray Cable," ■ Item 622,"Duct Cable," ■ Item 628,"Electrical Services," ■ Item 680,"Highway Traffic Signals," ■ Item 681,'Temporary Traffic Signals," ■ Item 684,'Traffic Signal Cables," ■ Item 685,"Roadside Flashing Beacon Assemblies," ■ other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, ■ the installation of conduit and wiring associated with Item 624,"Ground Boxes,"and Item 656, "Foundations for Traffic Control Devices,"and ■ the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of communications or fiber optic cable,or the connections for low voltage and inherently power limited circuits such as electronic or communications equipment.Assembly and placement of poles,structures,cabinets,enclosures,manholes,or other hardware will not be considered electrical work as long as no wiring,wiring connections,or conduit work is done at the time of assembly and placement. 18.1.2. Specialized Electrical Work.Specialized electrical work is work that includes the electrical service and feeders,sub-feeders,branch circuits,controls,raceways,and enclosures for the following: ■ pump stations, ■ moveable bridges, ■ ferry slips, ■ motor control centers, ■ facilities required under Item 504,"Field Office and Laboratory," ■ rest area or other public buildings, • weigh-in-motion stations, ■ electrical services larger than 200 amps, ■ electrical services with main or branch circuit breaker sizes not shown in the Contract,and ■ any 3-phase electrical power, 18.1.3. 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 Owner, Submit a current and valid certification upon request. 18.1.4. Licensed Electrician.A licensed electrician is a person with a current and valid unrestricted master electrical license,or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician.An unrestricted master electrician need not be on the work locations at all times electrical work is being done,but the unrestricted master electrician must approve work performed by the unrestricted journeyman.Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states'electrical licenses.Submit documentation of the requirements for obtaining that license.Acceptance of the license will be based on sufficient evidence that the license was issued based on: ■ passing a test based on the NEC similar to that used by Texas licensing officials,and ■ sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 18.2. Work Requirements.The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. Table 2 Work Re uirements Type of Work Qualifications to Perform Work Licensed electrician,certified person,or Electrical work with plans workers directly supervised by a licensed electrician or certified person Electrical work without pians Licensed electrician or workers directly supervised by a licensed electrician Specialized electrical work Licensed electrician or workers directly supervised by a_licensed electrician Replace lamps,starting aids,and changing Licensed electrician,certified person,or fixtures workers directly supervised by a licensed electrician or certified person Conduit in precast section with approved Inspection by licensed electrician or certified _wLrkinq drawings person Conduit in cast-in-place section Inspection by licensed electrician or certified person All other electrical work(troubleshooting, Licensed electrician or workers directly repairs,component replacement,etc. supErvised bla licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may install conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification,the requirements of Table 2 will still apply to the installation of the conduit,ground boxes,electrical services,pole grounding,and electrical conductors installed under Item 620,"Electrical Conductors." Item 81- Prosecution LProsecution and Progress 1 PROSECUTION OF WORK Unless otherwise shown in the Contract,begin work within 90 calendar days after the authorization date to begin work as shown on the Notice to Proceed.Prosecute the work continuously to completion within the working days specified.Unless otherwise shown in the Contract documents,work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is approved.Notify the Engineer at least 24 hr before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun.Minimize interference to traffic. 2. SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval.A subcontract does not relieve any responsibility under the Contract and bonds.Ensure that all subcontracted work complies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner,or any state or federal agency. For federally funded Contracts,ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements. For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts,submit a copy of the executed subcontract agreement. Submit a copy of the executed non-DBE subcontracts including all tiered non-DBE subcontracts when requested. 2.1. Construction Contracts.Perform work with own organization on at least 30%of the total original Contract cost(25%if the Contractor is an SBE on a wholly State or local funded Contract)excluding any items determined to be specialty items.Specialty items are those that require highly specialized knowledge, abilities,or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as directed by the Engineer.Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. The term'perform work with own organization"includes only: ■ workers employed and paid directly by the Contractor or wholly owned subsidiary; ■ equipment owned by the Contractor or wholly owned subsidiary; ■ rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees; ■ materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization,including a wholly owned subsidiary's organization;and ■ labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide materials or equipment,they are considered subcontractors.In these instances,submit staff leasing firms for approval as a subcontractor. Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section. 2.2. Payments to Subcontractors.Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner. 2.3. Payment Records.Make payment records,including copies of cancelled checks,available for inspection by the Owner.Submit payment records upon request.Retain payment records for a period of 3 yr following completion of the Contract work or as specified by the Owner. Failure to submit this information to the Engineer by the 20th day of each month will result in the Owner taking actions,including,but not limited to,withholding estimates and suspending the work.This work will not be measured or paid for directly but will be subsidiary to pertinent items. 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request,the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only.The schedules assume generic resources,production rates,sequences of construction and average weather conditions based on historic data.The Owner will not adjust the number of working days and milestones,if any,due to differences in opinion regarding any assumptions made in the preparation of the schedule or for errors,omissions,or discrepancies found in the Owner's conceptual time schedule. The number of working days is established by the Contract.Working day charges will begin 30 calendar days after the date of the written authorization to begin work.Working day charges will continue in accordance with the Contract.The Engineer may consider increasing the number of working days under extraordinary circumstances. 3.1. Working Day Charges.Working days will be charged in accordance with Section 8.3.1.4.,"Standard Workweek,"unless otherwise shown in the Contract documents.Working days will be computed and charged in accordance with one of the following: 3.1.1 Five-Day Workweek.Working days will be charged Monday through Friday,excluding national holidays, regardless of weather conditions or material availability.The Contractor has the option of working on Saturdays.Provide sufficient advance notice when scheduling work on Saturdays.Work on Sundays and national holidays will not be permitted without written permission.If work requiring an Inspector to be present is performed on a Saturday,Sunday,or national holiday,and weather and other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.2. Six-Day Workweek.Working days will be charged Monday through Saturday,excluding national holidays, regardless of weather conditions or material availability.Work on Sundays and national holidays will not be permitted without written permission.If work requiring an Inspector to be present is performed on a Sunday or a national holiday,and weather or other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.3. Seven-Day Workweek.Working days will be charged Monday through Sunday,excluding national holidays, regardless of weather conditions or material availability.Work on national holidays will not be permitted without written permission.If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.4. Standard Workweek.Working days will be charged Monday through Friday,excluding national or state holidays,if weather or other conditions permit the performance of the principal unit of work underway,as determined by the Engineer,for a continuous period of at least 7 hr,between 7 A.M.and 6 P.M.,unless otherwise shown in the Contract.The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays.Work on Sundays and national holidays will not be permitted without written permission.If work requiring an Inspector to be present is performed on a Saturday,Sunday,or holiday,and weather or other conditions permit the performance of work for 7 hr.between 7 A.M.and 6 P.M.,a working day will be charged. 3.1.5. Calendar Day.Working days will be charged Sunday through Saturday,including all holidays,regardless of weather conditions,material availability,or other conditions not under the control of the Contractor. 3.1.6. Other.Working days will be charged as shown in the Contract documents. 3.2. Restricted Work Hours.Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this article unless otherwise shown in the Contract documents. 3.3. Nighttime Work.Nighttime work is allowed only when shown in the Contract documents or as directed. Nighttime work is defined as work performed from 30 min.after sunset to 30 min.before sunrise. 3.3.1, Five-,Six-,and Seven-Day Workweeks.Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 3.3.2. Standard Workweek. 3.3.2.1 Nighttime Work Only.When nighttime work is allowed or required and daytime work is not allowed,working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway,as determined by the Engineer,for a continuous period of at least 7 hr.for the nighttime period,as defined in Section 8.3.3.,"Nighttime Work,"unless otherwise shown in the Contract documents. 3.3.2.2. Nighttime Work and Daytime Work Requiring Inspector.When nighttime work is performed or required and daytime work is allowed,working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway,as determined by the Engineer,for a continuous period of at least 7 hr,for the nighttime period,as defined in Section 8.3.3.,"Nighttime Work,'or for a continuous period of at least 7 hr.for the alternative daytime period unless otherwise shown in the Contract documents.Only one day will be charged for each 24-hr.time period.When the Engineer agrees to restrict work hours to the nighttime period only,working day charges will be in accordance with Section 8.3.3.2.1 "Nighttime Work Only," 3.4. Time Statements.The Engineer will furnish the Contractor a monthly time statement.Review the monthly time statement for correctness.Report protests in writing,no later than 30 calendar days after receipt of the time statement,providing a detailed explanation for each day protested.Not filing a protest within 30 calendar days will indicate acceptance of the working day charges and future consideration of that statement will not be permitted. 4. TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES The Engineer may suspend the work,wholly or in part,and will provide notice and reasons for the suspension in writing.Suspend and resume work only as directed in writing. When part of the work is suspended,ti ie Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities.When all of the work is suspended for reasons not under the control of the Contractor,the Engineer will suspend working day charges. 5. PROJECT SCHEDULES Prepare,maintain,and submit project schedules.Project schedules are used to convey the Contractor's intended work plan to the Owner.Prepare project schedules with a level of effort sufficient for the work being performed.Project schedules will not be used as a basis to establish the amount of work performed or for the preparation of the progress payments. 5.1, Project Scheduler.Designate an individual who will develop and maintain the progress schedule.The Project Scheduler will be prepared to discuss,in detail,the proposed sequence of work and methods of operation,and how that information will be communicated through the Progress Schedule at the Preconstruction Meeting.This individual will also attend the project meetings and make site visits to prepare, develop,and maintain the progress schedules. 5.2. Construction Details.Before starting work,prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract documents.At a minimum,prepare the progress schedule as a Bar Chart or Critical Path Method(CPM),as shown on the plans.Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements,known utility relocations,and other activities that may affect the completion of the Contract in the progress schedule.Show a beginning date,ending date,and duration in whole working days for each activity.Do not use activities exceeding 20 working days,except for agreed upon activities.Show an estimated production rate per working day for each work activity. 5.3. Schedule Format.Format all project schedules according to the following: ■ Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project; ■ Show the sequence and interdependence of activities required for complete performance of the work.If using a CPM schedule,show a predecessor and a successor for each activity;and ■ Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also include: ■ Clearly and accurately identify the critical path as the longest continuous path; ■ Provide a legend for all abbreviations,run date,data date,project start date,and project completion date in the title block of each schedule submittal;and ■ Through the use of calendars,incorporate seasonal weather conditions into the schedule for work(e.g., earthwork,concrete paving,structures,asphalt,drainage,etc.)that may be influenced by temperature or precipitation.Also,incorporate non-work periods such as holidays,weekends,or other non-work days as identified in the Contract. 5.4. Activity Format.For each activity on the project schedule provide: ■ A concise description of the work represented by the activity; ■ An activity duration in whole working days; ■ Code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work, Provide enough information for review of the work being performed. 5.5. Schedule Types. 5.5.1, Bar Chart.Seven calendar days before the preconstruction meeting,prepare and submit a hard copy of the schedule using the bar chart method. 5.5.1.1 Progress Schedule Reviews.Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.5.2. Critical Path Method.Prepare and submit the schedule using the CPM. 5.5.2.1. Preliminary Schedule.Seven calendar days before the preconstruction meeting,submit both the plotted and electronic copies of the project schedule showing work to be performed within the first 90 calendar days of the project. 5.5.2.2. Baseline Schedule.The baseline schedule will be considered the Contractor's plan to successfully construct the project within the time frame and construction sequencing indicated in the Contract.Submit both plotted and electronic copies of the baseline schedule.Submit 2 plots of the schedule:one organized with the activities logically grouped using the activity coding;and the other plot showing only the critical path determined by the longest path,not based on critical float. Develop and submit the baseline schedule for review within the first 45 calendar days of the project unless the time for submission is extended. 5.5.2.2.1 Review.Within 15 calendar days of receipt of the schedule,the Engineer will evaluate,and inform the Contractor if the schedule has been accepted.If the schedule is not accepted,the Engineer will provide comments to the Contractor for incorporation.Provide a revised schedule based on the Engineer's comments,or reasons for not doing so within 10 calendar days.The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility for meeting the interim milestone dates(if specified)or the Contract completion date.Review and acceptance does not expressly or by implication warrant, acknowledge,or admit the reasonableness of the logic or durations of the project schedule.If the Contractor fails to define any element of work,activity,or logic and the Engineer's review does not detect this omission or error,the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th calendar day of the project unless the time for submission is extended. 5.5.2.3. Progress Schedule.Maintain the project schedule for use by both the Contractor and the Engineer.Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project.If continuous progress of an activity is interrupted for any reason except non-work periods(such as holidays,weekend,or interference from temperature or precipitation),then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity (or activities,based on the number of interruptions)similarly numbered with successive alpha character as necessary.The original duration of the subsequent activity will be that of the remaining duration of the original activity.Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained.Once established,the original durations and actual dates of all activities must remain unchanged.Revisions to the schedule may be made as necessary. The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur.Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date.Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: ■ The actual start dates for activities started; ■ The actual finish dates for activities completed; ■ The percentage of work completed and remaining duration for each activity started but not yet completed;and ■ The calendars to show days actual work was performed on the various work activities. The cut-off day for recording monthly progress will be the last day of each month.Submit the updated project schedule no later than the 20th calendar day of the following month.The Engineer will evaluate the updated schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been accepted.If the schedule is not accepted,the Engineer will provide comments to the Contractor for incorporation.Provide a revised schedule based on the Engineer's comments,or reasons for not doing so within 5 calendar days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule. Notify the Engineer if resource-leveling is being used. 5.5.2.3.1. Project Schedule Summary Report(PSSR).When shown on the plans,provide the PSSR instead of the narrative required in Section 8.5.5.2.3.,"Progress Schedule."The PSSR includes a listing of major items that have impacted the schedule as well as a summary of progress in days ahead or behind schedule.Include an explanation of the project progress for the period represented on the form provided by the Owner. 5.5.3. Notice of Potential Time Impact.Submit a"Notice of Potential Time Impact"when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. 5.5.4. Time Impact Analysis.When directed,provide a time impact analysis.A time impact analysis is an evaluation of the effects of impacts on the project.A time impact analysis consists of the following steps: ■ Step 1.Establish the status of the project immediately before the impact. ■ Step 2.Predict the effect of the impact on the schedule update used in Step 1. ■ Step 3.Track the effects of the impact on the schedule during its occurrence. ■ Step 4.Establish the status of the project after the impact's effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact(Step 1)to the prediction of the effect of the impact(Step 2),if requested,and to actual effects of the impact once it is complete(Step 4). Unless otherwise approved,Steps 1,3,and 4,must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided.Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. Submit Step 4 no later than 15 calendar days after the impact's effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis.If the project schedule is revised after the submittal of a time impact analysis,but before its approval,indicate in writing the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of step 4.If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative,the Engineer may reject the time impact analysis.If the Engineer is in agreement with the time impact analysis,a change order may be issued to grant additional working days,or to adjust interim milestones.Once a change order has been executed,incorporate the time impact analysis into the project schedule.The time impact analysis may also be used to support the settlement of disputes and claims.Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract.If the Contractor fails to complete the work within the number of working days specified,working days will continue to be charged.Failure to complete the Contract,a separate work order,or callout work within the number of working days specified,including any approved additional working days,will result in liquidated damages for each working day charged over the number of working days specified in the Contract.The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract remains incomplete.This amount will be assessed not as a penalty but as liquidated damages. 7. DEFAULT OF THE CONTRACT 71 Declaration of Default.The Engineer may declare the Contractor to be in default of the Contract if the Contractor: ■ fails to begin the work within the number of days specified, ■ fails to prosecute the work to assure completion within the number of days specified, ■ is uncooperative,disruptive or threatening, ■ fails to perform the work in accordance with the Contract requirements, ■ neglects or refuses to remove and replace rejected materials or unacceptable work, ■ discontinues the prosecution of the work without the Engineer's approval, ■ makes an unauthorized assignment, ■ fails to resume work that has been discontinued within a reasonable number of days after notice to do so, ■ fails to conduct the work in an acceptable manner or ■ commits fraud or other unfixable conduct as determined by the Owner If any of these conditions occur,the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default.If the Contractor does not proceed as directed within 10 days after the notice,the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract.The Owner will also provide written notice of default to the Surety.If the Contractor provides the Owner written notice of voluntary default of the Contract,the Owner may waive the 10 day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety.Working day charges will continue until completion of the Contract.The Owner may suspend work in accordance with Section 8.4.,'Temporary Suspension of Work or Working Day Charges,"to investigate apparent fraud or other unfixable conduct before defaulting the Contractor.The Contractor may be subject to sanctions under the state and/or federal laws and regulations. The Owner will determine the method used for the completion of the remaining work as follows: ■ Contracts without Performance Bonds.The Owner will determine the most expeditious and efficient way to complete the work,and recover damages from the Contractor. ■ Contracts with Performance Bonds.The Owner will,without violating the Contract,demand that the Contractor's Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety.The Owner reserves the right to approve or reject proposed subcontractors.Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3.4.3.,"Insurance."Certificates of Insurance may be issued in the name of the completing Contractor.The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract.The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable.Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety. From the time of notification of the default until work resumes(either by the Surety or the Owner),the Owner will maintain traffic control devices and will do any other work it deems necessary,unless otherwise agreed upon by the Owner and the Surety.All costs associated with this work will be deducted from money due to the Surety. The Owner will hold all money earned but not disbursed by the date of default.Upon resumption of the work after the default,all payments will be made to the Surety.All costs and charges incurred by the Owner as a result of the default,including the cost of completing the work under the Contract,costs of maintaining traffic control devices,costs for other work deemed necessary,and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work.If these costs exceed the sum that would have been payable under the Contract,the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract price.In case the costs incurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor,the Owner will be entitled to retain the difference. Comply with Article 8.2.,"Subcontracting,"and abide by the DBE/HUB/SBE commitments previously approved by the Owner No markups as defined in Article 9.7„"Payment for Extra Work and Force Account Method,"will be allowed for the Surety. 7.2. Wrongful Default.Submit a written request to the Owner within 14 calendar days of receipt of the notice of default for consideration of wrongful default. The Owner will determine if the Contractor has been wrongfully defaulted,and will proceed with the following: ■ If the Owner determines the default is proper,the default will remain.If the Contractor is in disagreement,the Contractor may file a claim in accordance with Article 4.7 "Dispute or Claims Procedure." ■ If the Owner determines it was a wrongful default,the Owner will terminate the Contract for convenience,in accordance with Article 8.8.,'Termination of the Contract." 8. TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever: ■ the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; ■ the Contractor is prevented from proceeding with the work due to a national emergency,or when the work to be performed under the Contract is stopped,directly or indirectly,because of the freezing or diversion of materials,equipment or labor as the result of an order or a proclamation of the President of the United States; ■ the Contractor is prevented from proceeding with the work due to an order of any federal authority; ■ the Contractor is prevented from proceeding with the work by reason of a preliminary,special,or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor;or ■ the Owner determines that termination of the Contract is in the best interest of the Owner or the public. This includes,but is not limited to,the discovery of significant hazardous material problems,right of way acquisition problems,or utility conflicts that would cause substantial delays or expense to the Contract. 8.1 Procedures and Submittals.The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date.Upon notice,immediately proceed in accordance with the following: ■ stop work as specified in the notice; ■ place no further subcontracts or orders for materials,services,or facilities,except as necessary to complete a critical portion of the Contract,as approved; ■ terminate all subcontracts to the extent they relate to the work terminated; ■ complete performance of the work not terminated; ■ settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; ■ create an inventory report,including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated(include in the inventory report a description,quantity,location,source,cost,and payment status for each of the acceptable materials and products);and ■ take any action necessary,or that the Engineer may direct,for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest. 8.2. Settlement Provisions.Within 60 calendar days of the date of the notice of termination,submit a final termination settlement proposal,unless otherwise approved.The Engineer will prepare a change order that reduces the affected quantities of work and adds acceptable costs for termination.No claim for loss of anticipated profits will be considered.The Owner will pay reasonable and verifiable termination costs including: ■ all work completed at the unit bid price and partial payment for incomplete work; ■ the percentage of Item 500,'Mobilization,"equivalent to the percentage of work complete or actual cost that can be supported by cost records,whichever is greater; • expenses necessary for the preparation of termination settlement proposals and support data; ■ the termination and settlement of subcontracts; ■ storage,transportation,restocking,and other costs incurred necessary for the preservation,protection, or disposition of the termination inventory;and ■ other expenses acceptable to the Owner. Item 9L Measurement and Payment 1. MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures,unless otherwise specified. 11 Linear Measurement.Unless otherwise specified,all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally.No deduction will be made for structures in the roadway with an area of 9 sq.ft.or less.For all transverse measurements for areas of base courses, surface courses,and pavements,the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans,unless otherwise directed. Volume Measurement.Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle.Furnish information necessary to calculate the volume capacity of each vehicle.The Engineer may require verification of volume through weight measurement.Use body shapes that allow the capacity to be verified.Load and level the load to the equipment's approved capacity.Loads not hauled in approved vehicles may be rejected. 1.3. Weight Measurement.Transport materials measured for payment by weight or truck measure in approved hauling vehicles.Furnish certified measurements,tare weights,and legal gross weight calculations for all haul units.Affix a permanent,legible number on the truck and on the trailer to correspond with the certified information.Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery.The cost of supplying these volume and weight capacities is subsidiary to the pertinent item.For measurement by the ton,in the field,provide measurements in accordance with Item 520,'Weighing and Measuring Equipment'except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1.3.1 Hauling on Routes Accessible to the Traveling Public.For payment purposes on haul routes accessible to the traveling public,the net weight of the load will be calculated as follows: ■ If the gross vehicle weight is less than the maximum allowed by state law,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. ■ If the gross vehicle weight is more than the maximum allowed by state law,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to the Traveling Public.For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer: ■ If the gross vehicle weight is less than the maximum allowed,including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. ■ If the gross vehicle weight is more than the maximum allowed,the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2. PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved,handled, or placed during the execution of the Contract.The estimated bid quantities are designated as final payment quantities,unless revised by the governing specifications or this article. If the quantity measured as outlined under"Measurement"varies by more than 5%(or as stipulated under "Measurement"for specific Items)from the total estimated quantity for an individual item originally shown in the Contract,an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner,by change order,or to correct an error on the plans,the plans quantity will be increased or decreased by the amount involved in the change, and the 5%variance will apply to the new plans quantity. If the total Contract quantity multiplied by the unit bid price for an individual item is less than$250 and the item is not originally a plans quantity item,then the item may be paid as a plans quantity item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity. For Contracts with callout work and work orders,plans quantity measurement requirements are not applicable. 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showing the revised quantity.When approved,this revised quantity will constitute the final quantity for which payment will be made.Payment for revised quantity will be made at the unit price bid for that item,except as provided for in Article 4.4.,"Changes in the Work.' 4. SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials,equipment,labor,tools,and supplies necessary to complete the item of work under the Contract.Until final acceptance in accordance with Article 5.12.,"Final Acceptance,"assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the elements,infringement of patent,trademark,or copyright,except as provided elsewhere in the Contract. The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 5. PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed,including materials in place. Incomplete items of work may be paid at an agreed upon percentage as approved.Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the Contract.Progress payments may be withheld for failure to comply with the Contract. 6. PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired,request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request,and that have been delivered to the work location or are in acceptable storage places.Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements.Include only materials that have been sampled,tested,approved,or certified,and are ready for incorporation into the work.Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible.Payment for MOH may include the following types of items:concrete traffic barrier,precast concrete box culverts,concrete piling, reinforced concrete pipe,and illumination poles.Any repairs required after fabricated materials have been approved for storage will require approval of the Engineer before being made and will be made at the Contractor's expense.Include only those materials that have an invoice cost of at least$1,000 in the request for MOH payment. If the request is acceptable,the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials.Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner, These forms may be electronically reproduced, provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is$0. By submitting a request for MOH payment, the Contractor expressly authorizes the Owner to audit MOH records, and to perform process reviews of the record-keeping system. If the Owner determines noncompliance with any of the requirements of this provision,the Owner may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance.Provide these records to the Engineer upon request. 7. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed,performed,and accepted will be made in accordance with Article 4.4., "Changes in the Work."Payment for extra work may be established by agreed unit prices or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same character of work.These unit prices may be established without additional breakdown justification. When using Force Account Method,determine an estimated cost for the proposed work and establish labor and equipment rates and material costs.Maintain daily records of extra work and provide copies of these records daily,signed by the Contractor's representative,for verification by the Engineer.Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed.Include copies of all applicable invoices.If the extra work to be performed has an estimated cost of less than$10,000,submit for approval and payment an invoice of actual cost for materials,equipment, labor tools,and incidentals necessary to complete the extra work. 71. Markups.Payment for extra work may include markups as compensation for the use of small tools, overhead expense,and profit. 7.1.1. Labor.Compensation will be made for payroll rates for each hour that the labor foremen,or other approved workers are actually engaged in the work.In no case will the rate of wages be less than the minimum shown in the Contract for a particular category.An additional 25%of this sum will be paid as compensation for overhead,superintendence,profit,and small tools. 7.1.2. Insurance and Taxes.An additional 55%of the labor cost,excluding the 25%compensation provided in Section 9.7.1.1.,"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. 7.1.3. Materials.Compensation will be made for materials associated with the work based on actual delivered invoice costs,less any discount.An additional 25%of this sum will be paid as compensation for overhead and profit. 7.1.4. Equipment.Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work.An additional 15%of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location. 7.1.4.1 Contractor-Owned Equipment.For Contractor-owned machinery,trucks,power tools,or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates.Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book,the Engineer will allow a reasonable hourly rate.This price will include operating costs. Payment for equipment will be made for the actual hours used in the work.The Owner reserves the right to withhold payment for low production or lack of progress.Payment will not be made for time lost for equipment breakdowns,time spent to repair equipment,or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work,payment will be made for the duration the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day,nor more than 40 hours per week,nor more than 176 hours per month,except when time is computed using a six-day or seven-day workweek.When using a six-day workweek,no more than 8 hours will be paid during a 24-hour day,nor more than 48 hours per week,nor more than 211 hours per month.When using a seven-day workweek,no more than 8 hours will be paid during a 24-hour day,nor more than 56 hours per week,nor more than 246 hours per month. 7.1.4.2. Equipment Not Owned by the Contractor.For equipment rented from a third party not owned by the Contractor,payment will be made at the invoice daily rental rate for each day the equipment is needed for the work.The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel,lubricants,repairs,and servicing,the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. When the invoice specifies equipment operators as a component of the equipment rental,payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 71.4.3. Standby Equipment Costs.Payment for standby equipment will be made in accordance with Section 9.7.1.4.,"Equipment,"except that: 7.1.4.3.1 Contractor-Owned Equipment.For Contractor-owned machinery,trucks,power tools,or other equipment: ■ Standby will be paid at 50%(to remove operating cost)of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. ■ Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 7.1.4.3.2, Equipment Not Owned by the Contractor.For equipment rented from a third parry not owned by the Contractor: ■ Standby will be paid at the invoice daily rental rate,excluding operating cost,which includes fuel, lubricants,repairs,and servicing.The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. ■ Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby. ■ Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 7.1.5. Subcontracting.An additional 5%of the actual invoice cost will be paid to the Contractor as compensation for administrative cost,superintendence,and profit. 7.1.6. Law Enforcement.An additional 5%of the actual invoice cost will be paid as compensation for administrative costs,superintendence,and profit. 7.1.7. Railroad Flaggers.An additional 5%of the actual invoice cost will be paid as compensation for administrative cost,superintendence,and profit. 7.1.8. Bond Cost.An additional 1%of the total compensation provided in Article 9.7.,"Payment for Extra Work and Force Account Method,"will be paid for the increase in bond. 8. RETAINAGE The Owner will not withhold retainage on the Contractor. The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations. 9. 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 Engineer. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all subcontract or material purchase agreements. Pay 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 Owner and the subcontract for the subcontracted work,including the submittal of all information required by the specifications and the Owner;and ■ the work done by the subcontractor has been inspected,approved,and paid by the Owner. Provide a certification of prompt payment in accordance with the Owner'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. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Article 7.17.,"Contractor's Responsibility for Work." The Owner 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. 10. FINAL PAYMENT When the Contract has been completed,all work has been approved,final acceptance has been made in accordance with Article 5.12.,"Final Acceptance,"and Contractor submittals have been received,the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor.The final payment will reflect the entire sum due,less any sums previously paid. 000-OOIL Special Provision to Item 000 Schedule of Liquidated Damages The dollar amount of daily contract administration Liquidated Damages per Working Day is 970.00$ 1 09-14 Statewide WO-002L Special Provision to Item 000 Nondiscrimination 1. DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964,as amended, (Title VI).Title VI forbids discrimination against anyone in the United States on the grounds of race,color,or national origin by any agency receiving federal funds. Owner,as a recipient of Federal financial assistance,and under Title VI and related statutes,ensures that no person shall on the grounds of race,religion(where the primary objective of the financial assistance is to provide employment per 42 U.S.C.§2000d-3),color, national origin,sex,age or disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any of Owner's programs or activities. 2. DEFINITION OF TERMS Where the term"contractor"appears in the following six nondiscrimination clauses,the term"contractor"is understood to include all parties to contracts or agreements with the Owner. 3. NONDISCRIMINATION PROVISIONS During the performance of this contract,the contractor agrees as follows: 3.1 Compliance with Regulations.The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,"DOT's Title 49,Code of Federal Regulations, Part 21,as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination.The contractor,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 3.4. Information and Reports:The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the Owner or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Owner or the Texas Department of Transportation as appropriate,and shall set forth what efforts it has made to obtain the information. 1 09-14 Statewide 000-002L 3.5. Sanctions for Noncompliance.In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Owner shall impose such contract sanctions as it,the Owner may determine to be appropriate,including,but not limited to: ■ withholding of payments to the contractor under the contract until the contractor complies,and/or ■ cancellation,termination or suspension of the contract,in whole or in part. 3.6. Incorporation of Provisions.The contractor shall include the provisions of paragraphs(3.1)through(3.6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for non-compliance:provided,however that,in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the Owner to enter into such litigation to protect the interests of the Owner. and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 09-14 Statewide WO-003L Special Provision to Item 000 Certification of Nondiscrimination in Employment t GENERAL By signing this proposal,the Bidder certifies that Bidder 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 Bidder has not participated in a previous contract of this type,or if Bidder has had previous contract or subcontracts and has not filed, Bidder will file with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Note—The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1 7(b)(1)),and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5.(Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1 7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor 1 09-14 Statewide NO-004L Special Provision to Item 000 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1 GENERAL w__ _______- 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 2.1 Goals for minority and female parficipation are hereby established in accordance with 41 CFR 60-4. 2.2. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: Goals for minority participation Goals for female participation p in each trade,% in each trade,% See Table 1 16.9 2.3. 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 will 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 will 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 must 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 will 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. 2.4. 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 must provide written notification to the Owner 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 Owner in the award.The notification will list the names, 1 000-004L 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 10 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. Table 1 Goals for Minority Participadon County Partici tion,% County Partici tion,% j Anderson 22.5 Chambers 21.4 Andrews 18.9 Cherokee 22.5 Angelina 22.5 Childress 11.0 Aransas 44.2 Clay 12.4 Archer 11.0 Cochran 19.5 Armstrong 11.0 Coke 20.0 Atascosa 49.4 Coleman 10.9 Austin 27.4 Collin 18.2 Bailey 19.5 Collin worth 11.0 Bandera 49.4 Colorado 27.4 Bastrop 24.2 Comal 47.8 Baylor 11.0 Comanche 10.9 Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 Bos ue 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson 27.4 Denton 18.2 Bumet 24.2 DeWitt 27.4 Caldwell 24.2 Dickens 19.5 Calhoun 27.4 Dimmit 49.4 Callahan 11.6 Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49.4 Castro 11.0 Ellis 18.2 2 000-004L County Participation,% County _Participation,% EI Faso 57.8 Kenedy 44.2 Erath 17.2 Kent 109 Falls 18.6 Ken 49.4 Fannin 17.2 Kimble 20.0 Fa ette 27.4 King 19.5 FishE r 10.9 Kinney 49.4 Flail 19.5 Kleberg 44.2 Foxd 11.0 Knox 10.9 Fart Bend 27.3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18.6 Frio 49.4 LaSalle 49.4 Gaines 19.5 Lavaca 27.4 Galveston 28.9 Lee 24.2 Garza 19.5 Leon 27.4 Gillespie 49.4 Liberty 27.3 Glasscock 18.9 Limestone 18.6 Goliad 27.4 Lipscomb 11.0 Gonzales 49.4 Live Oak 44.2 Gray 11.0 Llano 24.2 Grayson 9.4 Loving 18.9 Gregg22.8 Lubbock 19.6 Grimes 27.4 Lynn 19.5 Guadalupe 47.8 Madison 27.4 Hale 19.5 Marion 22.5 Hall 11.0 Martin 18.9 Hamilton 18.6 Mason 20.0 Hansford 11.0 Matagorda 27.4 Hardeman 11.0 Maverick 49.4 Hardin 22.6 McCulloch 20.0 Hams 27.3 McLennan 20.7 Harrison 22.8 McMullen 49.4 Hartley 11.0 Medina 49.4 Haskell 10.9 Menard 2000 Has 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidalgo 72.8 Mitchell 10.9 Hill 18.6 Montague 17.2 Hockley 19.5 Montgomery 27.3 Hood 18.2 Moore 11.0 Hopkins 17.2 Morris 20.2 Houston 22.5 Motley 19.5 Howard 18.9 Nacogdoches 22.5 Hudspeth 49.0 Navarro 17.2 Hunt 17.2 Newton 22.6 Hutchinson 11.0 Nolan 10.9 Irion 20.0 Nueces 41.7 Jack 17.2 Ochiltree 11.0 Jackson 27.4 Oldham 11.0 Jasper 22.6 Orange 22.6 Jeff Davis 49.0 Palo Pinto 17.2 Jefferson 22.6 Panola 22.5 Jim Hogg 49.4 Parker 18.2 Jim Wells 44.2 Parmer 11.0 Johnson 18.2 Pecos 18.9 Jones 11.6 Polk 27.4 Kames 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 Kendall 49.4 Randall 9.3 3 000-004L County Partici anon,% Coemy- Participation,% Rains 17.2 p(IXIan Real 49.4 -T`ir,,,(I-kmorwn 109 Red River 20.2 Taus 20.2 Reeves 18.9 Tom Green -1U Refugio 44.2 Travis 2411 Roborts 11.0 Trinity 271411.1- R61)ca-,on 27.4 Tyler 22.6 Rot k�.,ai P 181 UpshUr 22.5 �urirvi,., 20.0 Upton 18.9 rusk 22.5Uvalde, 49.4 I Sabine 22.6 Val Verde 49.4 San Augustine 22.5 Van Zanct --- 17.2 Sari Jacinto 27.4 Victor a 27.4 San "aindo 41.7 Vv'-,I k e r 27.4 San Sol,,,e 20.0 W--,I i c r 27.3 S 20.0 Ward 18.9 V, Scurry 10.9 Washin on 27.4 ShmIkelford -10.4-- Webb 87.3 5cl6y 22.5 Whjt,n 27,4 Sherman 11.0 Wnc-ler 11.0 Smith 23.9 vv'(tma 12.4 Somervell 17.2 W1.1barger 11.0 Starr 72.-9- 7 Min 72.9 Stephens 10.9 -Wdliamson 24.1 Steding 20.0 1 Wdson 49.4 Stonewall 10.9 Wrker 18.9 Sutton 20.0 UV sc, 18.2 Swisher 11.0 Wow 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young__ 11.0 Terrell 20.0 zapala-- 49.4 Terry 19.5 Zavala ------ 49.4 4 000-005L Special Provision to Item 000 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. GENERAL 1 As used in these specifications: ■ "Covered area"means the geographical area described in the solicitation from which this Contract resulted; ■ "Director'means Director,Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; ■ "Employer identification number"means the Federal Social Security number used on the Employers Quarterly Federal Tax Return, U.S.Treasury Department Form 941. ■ "Minority"includes: • Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic(all persons of Mexican, Puerto Rican,Cuban,Central or South American or other Spanish Culture or origin,regardless of race); • 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 • 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). 1.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it will 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. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)will 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 obligations under the equal employment opportunity(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. 1.4. The Contractor will implement the specific affirmative action standards provided in Section 171 through Section 1.7.16.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 will 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 1 000-005L Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. 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 will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 1.6. 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. 13. The Contractor will take specific affirmative actions to ensure equal employment opportunity.The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 1.7.1. 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 will 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. 1.7.2. 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. 1.7.3. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred, not employed by the Contractor,this will be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. 1.7.4. 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. 17.5. Develop on-the-job training opportunities andlor 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 U.S. Department of Labor.The Contractor will provide notice of these programs to the sources compiled under 7b above. 1.7.6. 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. 173, 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 2 000-005L employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents,General Foremen,etc., before the initiation of construction work at any job site.A written record must be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed,and disposition of the subject matter. 1.7.8. 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. 1.7.9. Direct its recruitment efforts, both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 1,710. 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. 1.7.11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1.7,12. 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. 1.7.13. 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. 1.7.14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1.7,15. 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. 1.716. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 7.1 through Section 716.).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 Section 71. through Section 716.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 will not be a defense for the Contractors noncompliance. 1.9. 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 minority and non-minority.Consequently,the Contractor 3 000-005L may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1.11. The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12. The Contractor will cavy 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 will be in violation of these specifications and Executive Order 11246,as amended. 1.13. The Contractor,in fulfilling its obligations under these specifications,will 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 will proceed in accordance with 41 CFR 60-4.8. 1.14. The Contractor will 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 must 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 must 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. 1.15. Nothing herein provided will 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). 1.16. 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,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230),and in accordance with the included instructions. 4 000-ML Special Provision to Item 000 Disadvantaged Business Enterprise in Federal Aid Contracts 1. DESCRIPTION The purpose of this Special Provision is to cavy 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 will apply to this Contract.The percentage goal for DBE participation in the work to be performed under this Contract will be shown on the proposal. 1.1. Article A.Disadvantaged Business Enterprise in Federal Aid Contracts. 1.1.1. Policy.It is the policy of the DOT and the Texas Department of Transportation(Department)that DBEs,as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program,shall have the opportunity to participate in the performance of Contracts financed in whole or in part with Federal funds.The DBE requirements of 49 CFR Part 26,and the Department's DBE Program,apply to this Contract as follows: 1 1 11, The Contractor will solicit DBEs through reasonable and available means,as defined in 49 CFR Part 26, Appendix A and the Department's DBE Program,or show a good faith effort to meet the DBE goal for this Contract. 1.1.1.2. The Contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color, national origin,or sex in the performance of this Contract.The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 111.3. The requirements of this Special Provision shall be physically included in any subcontract. 1 1 1.4. 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 Owner will determine the adequacy of a Contractor's efforts to meet the Contract goal,within 10 business days,excluding national holidays,from receipt of the information outlined in this Special Provision under Section 1.1.3.,"Contractor's Responsibilities."If the requirements of Section 1.A.3 are met,the conditional situation will be removed and the Contract will be forwarded to the Contractor for execution. 1.2. Definitions. 1 1.2.1, "Broker"is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. 11.2.2. "Disadvantaged Business Enterprise"or"DBE"is defined in the standard specifications,Article 1.Definition of Terms. 11.2.3. WE Joint Venture"means an association of a DBE firm and 1 or more other firm(s)to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills and knowledge,and in which the DBE is responsible for a distinct,clearly defined portion of the work of the 1 000-007L Contract and whose share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 11.2.4. "DOT"means the U.S.Department of Transportation,including the Office of the Secretary,the Federal Highway Administration(FHWA),the Federal Transit Administration(FTA),and the Federal Aviation Administration(FAA). 1.1.2.5. "Federal Aid Contract"is any Contract between the Owner and a Contractor which is paid for in whole or in part with DOT financial assistance. 1.1.2.6. "Good Faith Effort"means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope,intensity,and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. 11.2.7. "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." 1.1.2.8. "Race-conscious"means a measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 1.1.2.9. "Race-neutral DBE Participation"means any participation by a DBE through customary competitive procurement procedures. 11.2.10. "Regular Dealer"is a firm that owns,operates,or maintains a store,warehouse,or other establishment in which the materials,supplies,articles or equipment of the general character described by the specifications and required under the Contract are bought,kept in stock,and regularly sold or leased to the public in the usual course of business.To be a regular dealer,the firm must be an established,regular business that engages in,as its principal business and under its own name,the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel,cement,gravel,stone,and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products.Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.Brokers,packagers,manufacturers'representatives,or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. 1.1.2.11, "Texas Unified Certification Program"or"TOCP"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. 11.3. Contractor's Responsibilities.These requirements must be satisfied by the Contractor. 1.1.3.1 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. Provide these forms to the Owner so as to arrive 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. 1.1.3.2. 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. 2 000-007L 11,3.3. 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. ■ 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. ■ If the Owner determines that the Contractor has failed to meet the good faith effort requirements,the Contractor will be given an opportunity for reconsideration by the Owner. 1,1.3.4. 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 Owner not as a penalty, but as liquidated damages to the Owner. 3 000-007L 1.1.3.5. The preceding information shall be submitted directly to the Owner. 1.1.3.6. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a,of this Special Provision.Before terminating or removing a DBE subcontractor named in the commitment,the Contractor must have a written consent of the Owner. 1.1.3.7 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 Owner.Before approving the substitution,the Owner will request a statement from the DBE concerning it being replaced. 11.3.8. 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. 1.1.3.9. 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. 1.1.4. Eligibility of DBEs. 1.1.4.1. 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. 1.1.4.2. 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.An update of the Directory can be found on the Internet at http://www.txdot.govlapps-cghuc�/default.him. 1.1.4.3. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a.and 3.g.above.For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified. 1.1.4.4. Only DBE firms certified at the time of execution of a Contract/subcontract/purchase order,are eligible for DBE goal participation. 1.1.5. 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: 1.1.5.1 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. 1.1.5.2. 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 1.5.2.1 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. 4 000-007L 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. 11.5.2.2. 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 300/0 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 11.5.2.3. 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. 1.1.5.2.3.1 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. 11.5.2.3.2. 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. 11.5.2.3.3. 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 11.5.2.3.4. 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. 1.1.5.2.4. When a DBE is presumed not to be performing a CU the DBE may present evidence to rebut this presumption. 11.5.2.5. Project materials or supplies acquired from an affiliate of the prime Contractor can not directly or indirectly (2nd or lower tier subcontractor)be used for DBE goal credit. 1.1.5.3. 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: 1.1.5.3.1 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 1A.c.(1)of this provision.) 5 000-007L For purposes of this Section(1.A.c.(1)),a manufacturer is a firm that operates or maintains a factory or establishment that produces,on the premises,the materials,supplies,articles,or equipment required under the Contract and of the general character described by the specifications. 1.1.5.3.2. 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; 1.1.5.3.2.1. 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. 1.1.5.3.2.2. 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. 1.1.5.3.2.3. 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). 1.1.5.3.3. 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. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. 1.1.5.3.4. 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. 1.1.5.4. If the Contractor chooses to assist a DBE firm,other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance,the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE.The material supplier must invoice the DBE who will present the invoice to the Contractor.The Contractor may issue ajoint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier.No funds shall go directly from the Contractor to the material supplier The DBE firm may accept or reject this joint checking arrangement. The Contractor must obtain approval from the Owner before implementing the use of joint check arrangements with the DBE.Submit to the Owner,Joint Check Approval Form 2178 for requesting approval. Provide copies of cancelledjoint 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. 1.1.5.5. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the Contractor or its affiliates. 1.1.5.6. No DBE goal credit will be allowed for the period of time determined by the Owner 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 Owner.In case of the denial of credit for non-performance of a CUF of a DBE,the Contractor will be 6 000-007L required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 1.1.6. Records and Reports. 1.1.6.1. 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 Owner.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. The original final report must be submitted to the Owner.These forms may be obtained from the Owner or may be reproduced by the Contractor.The Owner 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 Owner's project number. 1.1.6.2. 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. 1.1.6.3. 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 Owner,the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. 1.1.6.4. Before 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." 1.1.6.5. Provide a certification of prompt payment in accordance with the Owner'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. 1.1.7. Compliance of Contractor.To ensure that DBE requirements of this DOT assisted Contract are complied with,the Ownert 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 Owner by the Contractor indicating his progress in achieving the DBE Contract goal,and by compliance reviews conducted on the project site by the Owner. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor.The Contractor shall notify the Owner if he/she withholds or reduces payment to any DBE subcontractor.The Contractor shall submit an affidavit detailing the DBE subcontract payments before 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 before approval of the substitution from the Owner. 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 7 000-007L 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 Owner 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 Owner or such other remedy or remedies as the Owner deems appropriate. Forward Form 2371,"DBE Trucking Credit Worksheet,"completed by the DBE trucker every month DBE credit is used. 1.2. Article B.Race-Neutral Disadvantaged Business Enterprise Participation.It is the policy of the DOT that Disadvantaged Business Enterprises(DBE)as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for Contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race-neutral means. Consequently,if there is no DBE goal,the DBE requirements of 49 CFR Part 26,apply to this Contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26,Subpart A,the opportunity to compete fairly for Contracts and subcontractors financed in whole or in part with Federal funds.Race-Neutral DBE and non- DBE HUB participation on projects with no DBE goal shall be reported on Form SMS.4903,"DBE or HUB Progress Report"and submitted to the Owner each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.1.5.,"Determination of DBE Participation." The Contractor,subrecipient or subcontractor shall not discriminate on the basis of race,color, national origin,or sex in the performance of this Contract.The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 8 007-001L Special Provision to Item 7 Legal Relations and Responsibilities Item 7 "Legal Relations and Responsibilities,"of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 2.6.5.,"Training",is supplemented by the following: Coordinate enrollment,pay associated fees,and successfully complete approved Training or Contractor Delivered Training. Training is valid for the period prescribed by the provider but no less than 3 yrs.from the date of completion.The Owner may require training at a frequency less than the period prescribed or 3 yrs.based on Owner's needs.Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. 2.6.5.1. Approved Training.Approved training is listed below: 2.6.5.1.1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institute Maintenance of Traffic Control for Supervisors 2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Course Texas Engineering Extension Services Train-the-Trainer Flaggers National Safety Council Flagger(Instructor) University of Texas at Arlington, Certified Flagger Instructor Division for Enterprise Development Flagger Training. Provider Course Title Texas Engineering Extension Services Flaggers in Work Zones National Safety Council Flagger(Novice) University of Texas at Arlington, Flaggers in Work Zones(TxDOT Training) Continuing Education Department University of Texas at Arlington. WZ Traffic ControlfQualified Flagger Continuing Education Department Associated Builders and Contractors, Flagger Training Austin Chapter LDI Safety Training Flagger Training Tipton Compliance and Safety Flagger Training 1-2 007-001L 2.6.5.1.3. Law Enforcement Personnel. Provider Course Title National Highway Institute Safe and Effective Use of Law Enforcement Personnel in Work Zones 2.6.5.1.4. Other Work Zone Personnel. Provider Course Title American Traffic Safety Services Association Traffic Control Technician Training Texas Engineering Extension Services Work Zone Traffic Control National Highway Institute Maintenance of Traffic Control for Technicians National Highway Institute Maintenance Training Series: Basics of Work Zone Traffic Control 2.6.5.2. Contractor Delivered Training.Develop Contractor Delivered Training curriculum and submit the curriculum to the Owner for approval. Do not implement the training curriculum before receiving written approval from the Owner.The work performed and materials fumished to develop the curriculum and provide training will not be measured or paid for directly but will be considered subsidiary to pertinent Items. A contractor's certified flagging instructor is permitted to train other flaggers. 2-2 506-001L Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls,"of the standard specifications, is hereby voided and replaced with the following. 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)in the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following: ■ Item 161,"Compost' ■ Item 432,"Riprap" ■ Item 556,"Pipe Underdrains" 2.1 Rock Filter Dams. 2.1 1 Aggregate. Furnish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the Owner. 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. 2.1.2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: ■ a double-twisted,hexagonal weave with a nominal mesh opening of 2-112 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. 2.1.3. Sandbag Material. Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. 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." 2.3. 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 112 cu.ft.for the construction of energy dissipaters. 2.4. Construction Exits. Provide materials that meet the details shown on the plans and this Section. 1 506-001L 2.4.1. 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.Use 2-to 4-in.aggregate for Type 3. 2.4.2. 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.Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. 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. 2.5. Embankment for Erosion Control.Provide rock,loam,clay,topsoil,or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe.Provide pipe outlet material in accordance with Item 556,"Pipe Underdrains,"and details shown on the plans. 2.7. Construction Perimeter Fence. 2.7.1. 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 nominal 2 X 4 in.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 0.5 Ib.per foot. 2.7.2. Fence. Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie wire. 2.7.4. Flagging. Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples. Provide staples with a crown at least 1/2 in.wide and legs at least 112 in.long. 2.7.6. Used Materials. Previously used materials meeting the applicable requirements may be used if approved. 2.8. 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� It mimum 80°% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size shall not exceed 3/8 in. 2.9. Temporary Sediment Control Fence.Provide a net-reinforced fence using woven geo-textile fabric. Logos visible to the traveling public will not be allowed. 2 506-001 L 2.9.1, Fabric. Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts.Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans. Furnish soft wood posts at least 3 in. in diameter,or use nominal 2 X 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-112 x 1-1/2 in. Furnish T-or L-shaped steel posts with a minimum weight of 1.3 Ib.per foot. 2.9.3. 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. 2.9.4. Staples. Provide staples with a crown at least 3/4 in.wide and legs 112 in.long. 2.9.5. Used Materials. Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material. Furnish core material that is biodegradable or recyclable.Use compost,mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber,100% recyclable fibers,or any other acceptable material unless specifically called out on the plans. Permit no more than 5%of the material to escape from the containment mesh. Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. 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. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. 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. CONSTRUCTION 3.1. Contractor Responsibilities. Implement the Owner's Storm Water Pollution Prevention Plan(SWP3)for the project in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed by the Owner. Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner'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. 3.2. General. 3.2.1. Phasing.Implement control measures in the area to be disturbed before beginning construction,or as directed. Limit the disturbance to the area shown on the plans or as directed. If,in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations,the Owner will limit the disturbed area to that which the Contractor is able to control.Minimize disturbance to vegetation. 3.2.2. Maintenance.Immediately correct ineffective control measures.Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 3.2.3. Stabilization.Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit.Establish a uniform vegetative cover.The project will not be accepted until a 70%density of existing adjacent undisturbed areas is obtained,unless otherwise shown 3 506-001 L on the plans.When shown on the plans,the Owner may accept the project when adequate controls are in place that will control erosion,sedimentation,and water pollution until sufficient vegetative cover can be established. 3.2.4. Finished Work.Upon acceptance of vegetative cover, remove and dispose of all temporary control measures,temporary embankments,bridges,matting,falsework,piling,debris,or other obstructions placed during construction that are not a part of the finished work,or as directed. 3.2.5. 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 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. 3.3. 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 sift and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner. If a device ceases to function as intended,repair or replace the device or portions thereof as necessary.Remove sediment,debris,and litter.When approved,sediments may be disposed of within embankments,or in the right of way in areas where the material will not contribute to further siltation. Dispose of removed material in accordance with federal,state,and local regulations. Remove devices upon approval or as directed.Finish-grade and dress the area upon removal.Stabilize disturbed areas in accordance with the permit,and as shown on the plans or directed.Materials removed are considered consumed by the project.Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1 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. Place the aggregate to the lines,height,and slopes specified,without undue voids for Types 1 2,3,and 5. 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 for Types 2 and 3,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: 3.3.1 1 Type 1 (Non-reinforced). 3.3.1 1 1 Height.At least 18 in.measured vertically from existing ground to top of filter dam. 3.3.1 1.2. Top Width.At least 2 ft. 3.3.1 1.3. Slopes.No steeper than 2:1 3.3.1.2. Type 2(Reinforced). 3.3.1.2.1 Height.At least 18 in.measured vertically from existing ground to top of filter dam. 4 506-001L 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeper than 2:1 3.3.1.3. Type 3(Reinforced). 3.3.1.3.1. Height.At least 36 in.measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width.At least 2 ft. 3.3.1.3.3. Slopes. No steeper than 2:1. 3.3.1.4. Type 4(Sack Gabions). Unfold sack gabions and smooth out kinks and bends.Connect the sides by lacing in a single loop—double loop pattern on 4-to 5-in.spacing for vertical filling. Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times. Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 3.3.1.5. Type 5.Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains.Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed.Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 3.3.3. 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. 3.3.4. Construction Exits. 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 when tracking conditions exist.Construct exits for either long-or short-term use. 3.3.4.1. Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 3.3.4.1.1. Type 1.Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 3.3.4.2.1. 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. 5 506-001 L 3.3.4.2.2. Type 4.Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control. Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1 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. Create a sediment basin,where required,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. 3.3.5.2. Excavation of Sediment and Debris. Remove sediment and debris when accumulation affects the performance of the devices,after a rain,and when directed. 3.3.6. Construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 3.3.6.1. Installation of Posts. Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. 3.3.6.2. 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. 3.3.6.3. 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. 3.3.7. Sandbags for Erosion Control.Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet flow. Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the open end. Place the sandbags with their tied ends in the same direction.Offset subsequent rows of sandbags 1/2 the length of the preceding row.Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. 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. 3.3.8.1. 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 runoff source. 3.3.8.2. 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. 3.3.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.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. 6 506-001L 3.3.8.4. 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 on 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. 3.3.9. 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 specked below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the Owner 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. 3.3.10. 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 in.long x 2 to 4 in.wide x 112 to 2 in.deep.Do not exceed 12 in.between track impressions.Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 4.1 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. 4.1.1 Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of the top of the dam. 4.1.2. 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. 4.1.2.1. Installation.Measurement will be made in final position. 4.1.2.2. Removal.Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. 4.3. 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. 4.4. Construction Exits.Construction exits will be measured by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1 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. 4.5.2. Volume Measurement. 7 506-001L 4.5.2.1. In Place. 4.5.2.1.1. Excavation. Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. 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 m the lines,grades and slopes of the accepted embankment for the feature. 4.5.2.2. 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. 4.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. 4.7. Sandbags for Erosion Control. Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment-Control Fence.Installation or removal of temporary sediment-control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs.Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 4.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. 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); ■ removal of litter,unless a separate pay item is shown on the plans; n repair to devices and features damaged by Contractor operations; ■ added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; ■ removal and reinstallation of devices and features needed for the convenience of the Contractor; ■ finish grading and dressing upon removal of the device;and ■ minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1. 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: 8 506-001L 5.1.1. 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. 5.1.2. 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 Owner 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. 5.2. 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 Owner 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. Earthwork required for the pipe slope drain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 5.3. 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 Owner 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." 5.4. 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 Owner 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 Owner 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 specked.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. 9 506-001L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under'Earthwork for Erosion and Sediment Control." 5.5. Earthwork for Erosion and Sediment Control. 5.5.1 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 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;and 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. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Owner. 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 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. 5.6. Construction Perimeter Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement'will be paid for at the unit price bid for"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment,labor tools,and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item.When the Owner 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. 5.7. 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 Owner directs that the sandbag installation or portions thereof be replaced,payment will be made at the unit price bid for"Sandbags for Erosion Control,'which is full compensation for the reinstallation of the sandbags. 5.8. 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: 10 506-001L 5.8.1 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. 5.8.2. 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. 5.9. 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: 5.9.1 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. 5.9.2. 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. 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 11 FW 4001 FW 4001 Prefabricated Steel Truss Span 1 DESCRIPTION Design,fabricate,and install prefabricated steel truss span. 2. MATERIALS Provide materials for the prefabricated steel truss span and bearing devices in accordance with the following: ■ Item 434,"Bridge Bearings," ■ Item 441,"Steel Structures," ■ Item 442,"Metal for Structures," ■ Item 447 "Structural Bolting," ■ Item 448,"Structural Field Welding,"and ■ Item 449,"Anchor Bolts." Provide A588 weathering steel for bridge members. Bolts and nuts must be in accordance with the specifications for structural joints using ASTM A325 bolts. ASTM A490 bolts are not allowed.Galvanize (Hot-dip)anchor bolts in accordance with Item 445,"Galvanizing."Length and diameter of anchor bolts will be as determined by the truss designer. 3. GENERAL Each bidder is required to identify their intended bridge supplier as part of the bid submittal. Qualified suppliers must have at least 10 years of experience fabricating these type structures. 4. DESIGN Submit engineering details and design calculations,signed and sealed by a professional engineer,for the prefabricated steel truss span and concrete deck for review and approval. Design all truss components per the latest AISC LRFD Specifications and the American Association of State Highway and Transportation Officials(AASHTO)Guide Specifications for Design of Shared Use Bridges. Design all truss components for H10 live load and for a pedestrian live load of 90 psf.Vehicle impact allowance is not required.The maintenance vehicle live load need not be placed in combination with the pedestrian live load. Design trusses for the stream flow pressures based on hydraulic data provided on the plans and standard wind loading on bridge structures. Bridge Criteria Span-As shown on the bridge layout Width-Clear width as shown on the bridge layout Bridge type system-Half-Thru Pratt truss(or equal),that has one diagonal per truss panel and plumb end vertical members. Interior vertical members shall be perpendicular to the chord faces. -Bridge(s)shall be designed utilizing an H-Section configuration where the floor beams are placed up inside the trusses and attached to the truss verticals. The bridge manufacturer shall determine the distance from the top of the deck to the top and bottom truss members based upon structural and/or shipping requirements. 1 5 03-16 OTU FW 4001 -The top of the top chord shall not be less than 48 inches above the deck(measured from the high point of the riding surface)on bike path structures. Member Components All members of the vertical trusses(top and bottom chords,verticals,and diagonals)shall be fabricated from square and/or rectangular structural steel tubing. Other structural members and bracing shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. The minimum thickness of all structural steel members shall be 1/4"nominal and be in accordance with the AISC Manual of Steel Constructions'"Standard Mill Practice Guidelines". For ASTM A500 and ASTM A847 tubing,the section properties used for design shall be per the Steel Tube Institute of North America's Hollow Structural Sections"Dimensions and Section Properties". Provide chord members that do not collect or retain water. Bridge Components 1, Safety Rails—Horizontal system Safety rails will consist only of horizontal steel tubes.Horizontal tube safety rails shall be placed on the structure up to a minimum height of T-6"above the deck surface. Steel tubing shall be placed so as to prevent a 4"sphere from passing through the truss up to 3'-6"and an 8"sphere from T-6"to 4'-6"above deck surface. Safety rails shall be placed on the inside of the structure. Safety rails placed on the inside of the truss,flush with interior verticals and shall have their ends sealed and ground smooth so as to produce no sharp edges. The safety rail system shall be designed for an infill loading of 200 pounds,applied horizontally at right angles,to a one square foot area at any point in the system. 2. Toe Rail The bridge shall be supplied with a steel channel toe rail with radiused edges mounted to the inside face of both trusses. The toe rail shall be a minimum of 4 inches high. Toe rail shall be welded to the truss members at a height adequate to provide a 2"gap between the bottom of the rail and the top of the deck. 3. Rub Rails The bridge shall be supplied with a steel channel rub rail with radiused edges. The steel channel shall be a minimum of 4"high. Ends of each piece shall have their ends sealed and ground smooth so as to produce no sharp edges. Rub rails shall be welded flush to the inside face of the bridge truss verticals at each support location. The top of the rub rail shall be 3'-6"above the top of the deck(measured at the outside edge of the deck). 4. Camber The bridge shall have a vertical camber dimension at mid-span equal to 100%of the full dead load deflection plus 1%of the full length of the bridge. Vibration 2-5 03-16 OTU FW 4001 Vibration of the structure shall not cause discomfort or concern to users. Except as specified herein,the fundamental frequency in a vertical mode without live load shall be greater than 3.0 hertz. In the lateral direction,the fundamental frequency of the bridge shall be greater than 1.3 hertz. If the bridge cannot satisfy these limitations in the vertical direction,the bridge may be proportioned to satisfy the following criteria: 80 f>_ 2.861n\1W ) Where: f=the fundamental frequency in the vertical direction(Hz) W=the weight of the supported structure,including only dead load(kips) From bridge design and fabrication experience,bridges with spans between 90 and 110 feet with concrete decks have exhibited vibration problems. To address this issue,the previous equation is limited and a fundamental frequency of at least 2.6 hertz must be met in the vertical direction when the bridge has a span in the 90 to 110 feet range and a concrete deck. Decking The bridge must be furnished with edge deck supports and a stay-in-place galvanized steel form deck suitable for pouring a reinforced concrete slab. The form deck shall be designed to carry the dead load of the wet concrete,weight of the form decking,plus a construction load of 20 PSF uniform load or a 145 pound concentrated load on a 1'-0"wide section of deck.Edge support deflections are limited to 11180 of the span or 3/4" whichever is less. The form deck shall be either smooth or composite. Composite decking shall not be used as reinforcing when designing for vehicular wheel loads. The form deck material shall be supplied in accordance with ASTM A653 and galvanized to a minimum G90 coating weight. The deck slab shall be constructed using normal weight concrete(145 pcf)with a minimum 28-day strength of 4,000 psi. Concrete deck design shall be performed by the bridge manufacturer. Concrete decks shall be designed for concentrated loads as specified in Section 3.13. The wheel loads used for deck design shall be distributed per the Structural Engineering Handbook,4th Ed.,by Gaylord,Gaylord and Stallmeyer. The load distribution width is equal to the tire width plus 0.6 times the slab span but in no case will it be greater than the smallest of the following values: 1. 112 the deck width, 2. 75%of the wheel track spacing,or 3. 4'+O.06S,per AASHTO,where S=slab span in feet Joint Plates Trail cover plates shall be provided on each end of the bridge and be per TOOT BS-EJCP standard. The fixed side of the plate shall be attached to the bridge decking allowing the other end to slide over the concrete approach slab. Foundations Bridge foundations have been designed in accordance with bridge reactions and dimensional information provided by Contech Engineering Solutions,alternate suppliers must submit reactions,dimensions, bridge seat elevations and bridge dead load prior to bid. Any alternate supplier shall provide certification by a Registered Professional Engineer licensed in the State of Texas that the foundation design detailed in the Contract Plans is adequate to support the alternate structure prior to bid. 3 5 03-16 OTU FW 4001 Unless specified otherwise,the bridge manufacturer shall determine the number,diameter,minimum grade and finish of all anchor bolts. The anchor bolts shall be designed to resist all horizontal and uplift forces to be transferred by the superstructure to the supporting foundations. Engineering design of the bridge supporting foundations(abutment,pier,bracket and/or footings),shall be the responsibility of the foundation engineer. The contractor shall provide all materials for(including anchor bolts)and construction of the bridge supporting foundations. The contractor shall install the anchor bolts in accordance with the manufacturer's anchor bolt spacing dimensions. Information as to bridge support reactions and anchor bolt locations will be furnished by the bridge manufacturer after receipt of order and after the bridge design is complete. Submittals Schematic drawings and diagrams shall be submitted to the customer for their review after receipt of order. Submittal drawings shall be unique drawings,prepared to illustrate the specific portion of the work to be done. All relative design information such as member sizes,bridge reactions,bearing devises,and general notes shall be clearly specified on the drawings. Erection and Assembly drawings shall be included in the submittal. Drawings shall have cross referenced details and sheet numbers. All drawings shall be signed and sealed by a Professional Engineer. Structural calculations for the bridge superstructure shall be submitted by the bridge manufacturer and reviewed by the approving engineer.All calculations shall be signed and sealed by a Professional Engineer who is licensed in accordance with Section 3.0. The calculations shall include all design information necessary to determine the structural adequacy of the bridge. The calculations shall include the following: •All AASHTO LRFD checks for axial,bending and shear forces in the critical member of each truss member type(i.e.top chord,bottom chord,floor beam,vertical,etc.). •Checks for the critical connection failure modes for each truss member type(i.e.vertical, diagonal,floor beam,etc.). Special attention shall be given to all welded tube on tube connections. •All bolted splice connections. •Main truss deflection checks. •U-Frame stiffness checks(used to determine K factors for out-of-plane buckling of the top chord). •Deck design. NOTE: The analysis and design of triangulated truss bridges shall account for moments induced in members due to joint fixity where applicable. Moments due to both truss deflection and joint eccentricity must be considered. Provide the engineering details and design calculations to the Engineer no less than 28 calendar days before. start of fabrication. 5. FABRICATION Prepare and submit detailed shop drawings for the shared use truss bridge,bearing devices,and supporting structures in accordance with Article 5.2.,"Plans and Working Drawings,"for approval.Allow the Engineer no less than twenty-eight(28)calendar days to review and approve each shop drawing submittal. Provide unique and specific drawings,prepared to illustrate specific portions of the work to be done. Clearly specify all relevant design information such as member sizes,connections,and general notes on the drawings. These shop drawings must be so detailed that referring to the plans will not be required. Fabricate the steel for trusses,floor beams,stringers,bearing devices and other permanent metal components for the steel truss span in accordance with Item 441,"Steel Structures." Fabricate all members by a fabricator listed in the material producer list for"Steel Bridge Fabrication Shops"or by a fabricator approved by the Engineer and certified by the American Institute of Steel Construction(AISC)Quality Certification Program as a fabrication shop for Major Steel Bridges(Cbr). 4-5 03-16 OTU FW 4001 . 6. CONSTRUCTION The 2014 issue of Texas Standard Specifications for Construction of Highways, Streets,and Bridges governs all construction,unless changed by special specification,special provision,or plan details. Verify all dimension of the prefabricated steel truss span with the manufacturer prior to construction of the substructure and foundation. Provide bolted connections at field splices in accordance with Item 447,"Structural Bolting." Field welding of secondary members will be allowed in accordance with Item 448,"Structural Field Welding." Construct reinforced concrete slab and deck joints as shown on the plans. 7. MEASUREMENT This Item will be measured by each steel truss span in the completed and accepted final position. 8. 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"Prefabricated Steel Truss Span"of the length shown. This price is full compensation for designing,fabricating,transporting,and erecting truss spans;installing bearing devices with anchor bolts; placing reinforced concrete bridge deck and expansion joints:and for all materials,labor,tools,equipment and incidentals necessary to complete the work. 5-5 03-16 OTU FW 4002 Special Specification FW 4002 - � Texaa Precast Concrete Boardwalk System Alf 'aan 1. DESCRIPTION These specifications are for a precast concrete boardwalk and shall be regarded as minimum standards for this project. 11 Minimum Standards.The selected boardwalk shall have the following minimum characteristics: 1.1.1. Boardwalk system(beams,treads,and curbs if applicable)must be precast concrete.A material change, including cast-in-place concrete,is not considered an equal to the design shown on the bid documents. 1 1.2. Walking surface(treads)shall be made of precast concrete,and supported by precast concrete beams. Where applicable,edges of treads will receive precast concrete curbs. 1.1.3. Walking surface(finish)of top surface of treads shall have a formliner finish with standard textures (sandblast,broom or timber).Texture must be integral with the concrete and shall not be an applied post pour wearing surface. 1.1.4. Precast concrete treads shall be structural load bearing elements and shall interlock with one another via a "tongue and groove"connection. 1.1.5. All precast shall consist of integrally colored concrete in a color selected by the owner. 1.1.6. Designed for the following live loads: 1.1.6.1. Pedestrian live load of 90 psf. 1.1.6.2. 5000 lb.Maintenance Vehicle with two axles spaced 96 inches apart and equally distributed. 1.1.6.3. H10 Design Truck—20,000 lbs. 1.1.7 Treads shall maintain a"boardwalk appearance",specifically meaning each tread shall have a width: length ratio ranging from a minimum of 3:1 to a maximum of 14:1,Width is defined as the tread dimension perpendicular to the normal direction of travel.Length is defined as the tread dimension measured in the direction of travel. 1.1.8. Tread width shall be as noted on the contract drawings.Alignment should follow the horizontal and vertical alignment shown on the contract plans. 11.9. Connectors for curbs(if applicable)to treads shall not be visible to boardwalk users while viewed from the top of the walkway. 1110. All boardwalk connectors shall be non-corrosive,and hidden from view.Metallic connectors are not acceptable for this project. 1.1.11 Boardwalk supplier shall provide a field representative on site for a minimum of 1 day. Field representative shall be knowledgeable in the installation of precast concrete boardwalks. 1 -4 FW 4002 2. MATERIALS 2.1 Precast Concrete.Shall conform to the following: 2.1.1. The minimum compressive strength of the concrete shall be 4000 psi measured at 28 days. 2.1.2. All precast concrete components shall be air entrained composed of Portland cement,fine and course aggregates,admixtures and water.The air-entraining feature may be obtained by the use of either an air entraining Portland cement or an air entraining admixture.The entrained air-content shall be not less than four percent or more than seven percent. 3. DESIGN 3.1 Designer.The designer of the boardwalk,foundation and railing system shall be a qualified registered Professional Engineer licensed in the State of Texas and experienced in the design of concrete structures, foundation and railing systems. 3.2. Foundation.The foundation design shown on the boardwalk drawings are based recommendations found in the geotechnical report by CMJ Engineering Inc.dated May 2017. 3.3. Design Guidelines.The design of the boardwalk and railing system shall comply with the following guidelines: 3.3.1. AASHTO LRFD Guide Specifications for the Design of Shared Use Bridges,2nd Edition 3.3.2. AASHTO LRFD Bridge Design Specifications for Highway Bridges,5th Edition. 3.3.3. American Concrete Institute 2005—Building Code and Commentary. 3.3.4. In addition to the dead loads of the system,the structure shall be designed for the live loads defined in Section 1.3.E above. 3.3.5. Railings structural requirements. 3.3.5.1. Handrail and railing assemblies and attachments shall resist a minimum concentrated load of 200 pounds (91 kg)applied in any direction at any point on the top rail and a vertical and horizontal thrust of 50 Ib./If(0.73 kN/m)applied to the top railing without permanent set or damage.The two loads are not cumulative. 3.3.5.2. Infill area of railing system capable of resisting a horizontal concentrated load of 200 pounds applied to one square foot(8165 g/sq.m)at any point in the system.This loading shall not be applied simultaneously with other loading conditions. 3.3.5.3. Handrail assemblies and guards shall be designed to resist a load of 50 pounds per linear foot(0.73 kN/m) applied in any direction at the top and to transfer this load through the supports to the structure. 3.3.6. Railing height.Railings shall be suitable for pedestrian traffic and shall be a minimum of 42-inches above the tread/deck surface. 4. SUBMISSIONS Prior to the start of fabrication or construction,the Contractor shall submit to the Engineer a design package, which shall include,but is not limited to,the following: 4.1. Preliminary Submissions.Prior to the start of fabrication or construction,the Contractor shall submit to the Engineer a design package,which shall include but not limited to the following: 2-4 FW 4002 4.1.1. Detailed Plans. 4.1.1.1. Detailed Plans.Sealed by a licensed Professional Engineer(Texas). 4.1.1.2. Plan View. Full plan view of the boardwalk,foundation and railing system drawn to scale.The plan view must reflect the proposed horizontal alignment as shown on the design plans. 4.1.1.3. Elevation View. Full elevation view of the boardwalk,railing and foundation system drawn to scale which reflect the actual vertical alignment.Elevation views shall indicate the elevation at the top and bottom of the boardwalk and foundation system components,horizontal and vertical break points,and location of the finished grade. 4.1.1.4. Details. Details of all boardwalk and railing system components and their connections such as the length, size and where changes occur;connections;etc. 4.1.1.5. Code Reference.Design parameters used along with AASHTO references. 4.1.2. Design Computations.Computations shall: 4.1.2.1. Be stamped by a licensed Professional Engineer in the state of Texas. 4.1.2.2. Computations shall clearly refer to the applicable AASHTO provisions 4.1.2.3. Documentation of computer programs including all design parameters. 4.1.3. Construction Specifications. 4.1.3.1. Construction methods specific to the boardwalk vendor chosen.Submittal requirements such as certification, quality and acceptance/rejection criteria shall be included. Details on connection of boardwalk units and foundation system such that assurance of uniform load transfer shall be checked. 4.2. Final Submissions.Once a boardwalk,foundation and railing system design has been reviewed and accepted by the Owner,the Contractor shall submit the final plans.The designer of the boardwalk, foundation and railing system is responsible for the review of any drawings prepared for fabrication.One set of all approved shop drawings shall be submitted to the Engineer's permanent records. 4.3. Submittals.Product Data:Submit Manufacturer's technical product data for railing components and accessories.Manufacturer to supply submittal drawings for approval to include the following: 4.3.1. Section-thru details. 4.3.2. Mounting methods. 4.3.3. Typical Elevations. 4.3.4. Key plan layout. 4.4. Shop Drawings.Shop drawing showing actual field conditions and true elevation and location supplied after field verification. 5. MEASUREMENT This Item will be measured by the each. 3-4 FW 4002 6. 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"Precast Concrete Boardwalk System This price is full compensation for furnishing all materials,equipment,labor,and incidentals to the design,construction, delivery,unloading,assembly,and placement of the boardwalk and foundation as shown in the contract plans including all railings on the superstructure. 4-4 FHWA-1273— Revised May 1 2012 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 XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. 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 foi 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 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 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 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 Farm 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 classed 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 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/f`ormstwh347instr.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: 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 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 each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR 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 specked 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 cause the suspension of any further payment,advance,or Except provided in CFR trainees will not be guarantee of funds.Furthermore,failure to submit the required Permittedd to work lessss than thheepredetermined rate for the records upon request or to make such records available may work performed unless they are employed pursuant and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior 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 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 subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. 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 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 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or 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 of 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 g ty' 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 c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate 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 T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction 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 cant' 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 T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction 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 fads 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 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(httns://www.eols.ao ,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(httos://www.epls.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. x x x x x 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. xxxxx XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,'Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4.If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 DIVISION 03-GEOTECHNICAL REPORT GEOTECHNICAL ENGINEERING SERVICES TRINITY TRAILS EAST PROJECT HANDLEY EDERVILLE ROAD TO RIVER TRAILS PARK FORT WORTH, TEXAS Presented To: Halff Associates, Inc. May 2017 PROJECT NO. 117-17-217 7636 Pebble Drive ENGINEERING, INC. Fort Worth,Tem 761.18 11-IN000" www.cmjengr.com May 24, 2017 Report No. 117-17-217 Half Associates, Inc. 1001 Cross Timbers Road, Suite 2020 Flower Mound, Texas 75028-8829 Attn: Mr. Brian Haynes, P.E., CFM GEOTECHNICAL ENGINEERING SERVICES TRINITY TRAILS EAST PROJECT HANDLEY EDERVILLE ROAD TO RIVER TRAILS PARK FORT WORTH, TEXAS Dear Mr. Haynes: Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with our Proposal No. 17-6434 (Revised) dated April 18, 2017, The geotechnical services were authorized via Standard Subcontract agreement with Project Number$1567 dated April 18, 2017.. Engineering analyses and recommendations are contained in the text section of the report Results of our field and laboratory services are included in the appendix of the report. We would appreciate the opportunity to be considered for providing the construction material testing services during the construction phase of this project. We appreciate the opportunity to be of service to Halff Associates, Inc. Please contact us if you have any questions or if we may be of further service at this time. Respectfully submitted, __�,,••�t<� CMJ ENGINEERING,INC. �P�E•oF T' ;} ii TExAs Fmm REGISTRATION No.F-9177 ,: •' ''•, 1 �. ......r..........f'.*. ��• / JAMES P.SAPPINGTON,IV ��9• 97402 'fJam Sappington IV, P.E. 'I '°c,l� !~NSgineer �, p ;�.97402 copies submitted: (2) Mr. Brian Haynes, P.E., CFM; Hallf Associates, Inc.(mail and email) Phone(817)284:9400 Fax(817)589-9"3 Metra(SU)589.9M TABLE OF CONTENTS Page 1.0 INTRODUCTION----------------------- -------------______ -------------------------1 2.0 FIELD EXPLORATION AND LABORATORY TESTING---------------—-------—__—---—-----—-----------2 3.0 SUBSURFACE CONDITIONS—_________________-------—___ ______—_______.______—_---—----_—__4 4.0 FOUNDATION RECOMMENDATIONS-----—_—--------------------------------------_------—-----------------6 5.0 SEISMIC CONSIDERATIONS-----------__ _—_.—._....______�_____�_�___—__ 14 6.0 EARTHWORK--------------------------------------------------------------------------------------------------- 14 7.0 TRAIL PAVEMENTS--------_— 17 8.0 CONSTRUCTION OBSERVATIONS-------—-----—__---—----—----------—---—___________—____—______20 9.0 REPORT CLOSURE----------------------------------------------------------------------------------------21 APPENDIX A Plate Planof Borings------------------------------------------------------------------------ - -------A.1 Unified Soil Classification System Key to Classification and Symbols------_________________________ ____ _—_____ ____ __----_A.3 Logs of Borings— __---_____—________---_—A.4—A.9 Free Swell Test Results---------------------------------------------------------------------------------------------A.10 LimeSeries Test Results----------------------------------------—---------------------------—----------------A.11 Soluble Sulfate Test Results----------------------------------------------------—-------------------------------------A.12 1.OINTRODUCTION 1.1 Project Description The project, as currently planned, consists of an approximately 2.6-mile bike trail located generally along the north side of the West Fork Trinity River from Handley Ederville Road eastward to River Trails Park in Fort Worth, Texas. The trail will include three boardwalk crossing structures in the vicinity of existing wetlands. These structures are planned to be pier supported. Plate A.1, Plan of Borings, presents the project vicinity and approximate locations of the exploration borings. 1.2 Purpose and Scope The purpose of this geotechnical engineering study has been to determine the general paving and subsurface conditions, evaluate the engineering characteristics of the subsurface materials encountered, develop recommendations for the type or types of foundations suitable for the project, provide pavement subgrade preparation guidelines, and provide earthwork recommendations. To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering properties of the subsurface materials; and (3) performing engineering analyses, using the field and laboratory data to develop geotechnical recommendations for the proposed construction. The design is currently in progress and the locations and/or elevations of the structures could change. The recommendations contained in this report are based on data supplied by Halff Associates, Inc. Once the final design is near completion (80-percent to 90-percent stage), it is recommended that CMJ Engineering, Inc. be retained to review those portions of the construction documents pertaining to the geotechnical recommendations, as a means to determine that our recommendations have been interpreted as intended. 1.3 Report Format The text of the report is contained in Sections 1 through 9. All plates and large tables are contained in Appendix A. The alpha-numeric plate and table numbers identify the appendix in Report No. 117-17-217 CMJ ENGINEERING,INC 1 which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur. Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip = 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf), pounds per cubic foot (pcf), and pounds per square inch (psi). 2.0 FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration Subsurface materials at the project site were explored by six (6) vertical soil borings (Borings B-A through B-D, B-H, and B-1) drilled to depths ranging from 15 to 50 feet below existing grade at the locations directed by Halff Associates, Inc. Borehole coordinates were also provided by Halff. The borings were drilled using continuous flight augers at the approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on Plates A.4 through A.9 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the relatively undisturbed sample at a constant rate to a depth of 0.25 inch. The results of these tests, in tsf, are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Disturbed samples of the noncohesive granular or stiff to hard cohesive materials were obtained utilizing a nominal 2-inch O.D. split-barrel (split-spoon) sampler in conjunction with the Standard Penetration Test (ASTM D 1586). This test employs a 140-pound hammer that drops a free fall vertical distance of 30 inches, driving the split-spoon sampler into the material. The number of Report No. 117-17-217 CMJ ENGINEERING,INC 2 blows required for 18 inches of penetration is recorded and the value for the last 12 inches, or the penetration obtained from 50 blows, is reported as the Standard Penetration Value (N) at the appropriate depth on the logs of borings. To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at selected locations. Texas Department of Transportation (TxDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respective test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs. Ground water observations during and after completion of the borings are shown on the upper right of the boring log. Upon completion of the borings, the bore holes were backfilled with soil cuttings and plugged at the surface by hand tamping. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings. In addition to the classification tests (liquid limits, plastic limits, and percent passing the No. 200 sieve), moisture content, unit weight, and unconfined compressive strength tests were performed. Results of the laboratory classification tests, moisture content, unit weight, and unconfined compressive strength tests conducted for this project are included on the boring logs. Swell tests were performed on specimens from selected samples of the clays. These tests were performed to help in evaluating the swell potential of soils in the area of the proposed boardwalk structures. The results of the swell tests are presented on Plate A.10. Eades and Grim Lime Series testing was performed on a selected sample to identify the appropriate concentration of lime to add to soils for stabilization purposes. The results of the lime series test are presented on Plate A.11 Report No. 117-17-217 CMJ ENGINEERING,INC. 3 Soluble sulfate tests were conducted on selected soil samples recovered from the borings. The sulfate testing was conducted to help identify sulfate-induced heaving potential of the soils. Sulfate-induced heaving can cause detrimental volumetric changes to a lime modified subgrade. The result of the sulfate tests are presented on Plate A.12. The above laboratory tests were performed in general accordance with applicable ASTM procedures, or generally accepted practice. 3.0 SUBSURFACE CONDITIONS 3.1 Site Geology According to the Dallas Sheet of the Geologic Atlas of Texas, the project sites are geologically located in the Alluvium and Fluviatile Terrace Deposits overlying the Grayson Formation. The alluvial and terrace deposits are generally a mixture of fine-grained and coarse materials, which are typically layered with grain sizes increasing with depth. At the surface the clay portions of these deposits can be moderately to highly active. Ground-water is typically present in these deposits, especially in the proximity of a river or creek. The Grayson Formation is approximately 50 feet thick, relatively uniform, and composed of clays, marls, and limestones. The residual soils of the Grayson are usually deep and highly active, posses low permeability, and generally contain considerable amounts of gypsum and pyrite. Layers of limestone are relatively thin, and occur in the middle to upper portion of the formation 3.2 Soil Conditions Specific types and depths of subsurface strata encountered at the boring locations are shown on the boring logs in Appendix A. The generalized subsurface stratigraphies encountered in the borings are discussed below. Note that depths on the borings refer to the depth from the existing grade or ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. Gravel is present at the surface in Boring B-D, with a thickness of 6 inches. Fill and possible fill soils are noted at the surface in Borings B-A and B-I, extending to depths of 3 to 15 feet. The fills and possible fills consist of dark brown, brown, and gray sandy silty clays and clays of moderate to high plasticity. Report No. 117-17-217 CMJ ENGINEERING,INC 4 Natural soils encountered in Borings B-A through B-D consist of various dark brown, brown, tan, and gray sandy clays, silty clays, sandy silty clays, shaly silty clays, and clays. These soils often contain calcareous nodules or pebbles. Borings B-A and B-C were terminated within the various clays at 35 feet. Tan, light brown, and brown clayey sands, sandy clays, and sands containing sand and clay seams or layers are next present below 20 to 31 feet in Borings B-B and B-D, extending through boring termination at 50 feet in these borings. The sands in Boring B-D are medium dense,with Standard Penetration (N)values of 14 blows per foot. The clayey soils encountered are generally firm to hard (soil basis) with pocket penetrometer readings of 1.0 to over 4.5 tsf. Markedly soft clay soils are present in Boring B-D from 14 to 20 feet with pocket penetrometer readings of 0.75 to 1.0 tsf. Tested liquid limit and plasticity index values ranged from 30 to 77 and 11 to 50, respectively. The various soils encountered classify as SC, SP, CL and CH according to the USCS classification system. Tested unconfined compressive strength and unit dry weight varied from 860 to 10,600 psf and 100 to 114 pcf, respectively. Tan limestone is present at the surface in Boring B-H. Gray limestone is next present in this boring at a depth of 3 feet. This gray limestone contains shale seams and layers and is moderately hard (rock basis), with a Texas Cone penetrometer(THD)test value of 3 % inches of penetration for 100 hammer blows. A 1-foot thick layer of tan limestone is next encountered at 8 feet in Boring B-H Gray shale is next present at 9 to 15 feet in Borings B-H and B-1 and continues through boring termination at 15 to 20 feet. The gray shale contains occasional limestone seams and is moderately hard to hard (sedimentary rock basis), with Texas Cone Penetrometer (THD) test values of 1%to 3 inches of penetration for 100 hammer blows. The Atterberg Limits tests indicate the clays encountered are moderately to highly active with respect to moisture induced volume changes. Active clays can experience volume changes (expansion or contraction)with fluctuations in their moisture content. 3.3 Ground-Water Observations The borings were drilled using continuous flight augers in order to observe ground water seepage during drilling. Table 3.3-1 summarizes water level data for borings. Report No. 117-17-217 CMJ ENGINEERING,INC 5 TABLE 3.3-1 Ground Water Observations Boring No. Seepage During Water at Drilling(ft.) Completion(ft.) B-A 33 Dry B-B 30 50 B-C 30 33 B-D 14 15l w/cave-in at 15 B-H Dry Dry B-I Dry Dry While it is not possible to accurately predict the magnitude of subsurface water fluctuation that might occur based upon these short-term observations, it should be recognized that ground water conditions will vary with fluctuations in rainfall. Seepage levels near the observed levels should be anticipated throughout the year. Fluctuations of the ground water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the boring was performed. The possibility of ground water level fluctuations should be considered when developing the design and construction plans for the project. 4.0 FOUNDATION RECOMMENDATIONS 4.1 General Foundation Considerations Two independent design criteria must be satisfied in the selection of the type of foundation to support the proposed boardwalk structures. First, the ultimate bearing capacity, reduced by a sufficient factor of safety, must not be exceeded by the bearing pressure transferred to the foundation soils. Second, due to consolidation or expansion of the underlying soils during the operating life of the structures, total and differential vertical movements must be within tolerable limits. The moisture induced volume changes associated with the highly active clays present at this site indicate that shallow or near surface footings could be subject to differential movements of a potentially detrimental magnitude. The most positive foundation system for the proposed structure would be situated below the zone of seasonal moisture variations. A deep foundation system transferring column loads to a suitable bearing stratum is considered the most positive foundation Report No. 117-17-217 CMJ ENGINEERING,INC. 6 system. With the variable conditions depending on location, corresponding deep foundation system recommendations are presented. Drilled and underreammed shafts are recommended at the Borings B-A and B-B locations while straight drilled and reinforced concrete shafts penetrating the gray shale offer the most positive foundation system at the B-H and B-I location and are recommended. With no suitable bearing stratum present within the upper 50 feet and soft clay soils and ground-water noted in the zone where underreamed shafts would normally be suitable, alternative foundation systems must be considered for the Borings B-C and B-D location, as discussed below. 4.2 Potential Vertical Movements Analyses indicate that the potential vertical movements of soils in the project vicinity may be on the order of 2Yz to 5 inches for soil in a dry condition. The actual amount of movement will depend greatly on the moisture content of the soils prior to construction. In other words, where a ground- supported floor slab is placed upon moist soils, the future expansive soil movement of these soils will be limited since these soils exist in a pre-swelled state, and additional moisture will not cause significant additional heaving of the soils. Conversely, when onsite soils are extremely dry, moisture will cause significant swelling of these soils. 4.3 Deep Foundation Systems— Drilled Shafts 4.3.1 Drilled and Underreamed Shaft Desican Parameters (Borings B-A and B-B Location) Recommendations and parameters for design of the piers are outlined below, while specific recommendations for the construction and installation of the piers are included in the following section. Bearing Stratum Very stiff to hard dark brown and brown SILTY CLAY / CLAY Required Depth: 15 feet below finished grade Allowable End Bearing Capacity: 4,000 psf Allowable Bell/Diameter Ratio: Minimum base to shaft diameter ratio of 2 to 1 to resist uplifts loads described below. In addition, the bell diameter should be a minimum of 24 inches larger than the shaft. Adjustments of the shaft depths should be anticipated to maintain the bottom of the shafts above any ground-water seepage which could be present during wet periods of the year. Report No. 117-17-217 CMJ ENGINEERING,INC. 7 The above values contain a safety factor of three (3). All piers should be spaced a minimum of 2 shaft diameters apart, edge-to-edge. Piers founded as close at 1 shaft diameter, edge-to-edge, should be designed for 75 percent of the total anticipated load capacity due to overlapping stress effects. The weight of the piers below the final ground surface may be neglected in determining the design loads. During construction one of the more important responsibilities of the pier excavation contractor and the construction materials inspection laboratory will be to verify the presence of the bearing materials encountered during construction, and that the pier excavation has not caved prior to concrete placement. Settlement of properly constructed shafts should be primarily elastic and are estimated to be less than 1 inch. 4.3.2 Straight Shaft Design Parameters (Borings B-H and B-1 Location) Recommendations and parameters for the design of cast-in-place straight-shaft drilled piers are outlined below. Specific recommendations for the construction and installation of the drilled piers are included in the following section, and shall be followed during construction. Bearing Stratum Gray SHALE with occasional limestone seams Depth of Pier Bearing Stratum: Approximately 9 to 15 feet below existing grades Required Shaft Depth: All piers should penetrate into the bearing strata a minimum depth of 2 feet. Deeper penetrations may be necessary to develop the required load carrying capacity. Allowable End Bearing Capacity: 18,000 psf Allowable Skin Friction: Applicable below a minimum penetration of 2 feet in the gray shale and below any temporary casing; 3,000 psf for compressive loads and 2,000 psf for tensile loads. The maximum ratio of overall shaft length to shaft diameter is 20:1. The minimum recommended pier diameter is 18 inches. The above values contain a safety factor of three(3). In order to develop full load carrying capacity in skin friction, adjacent shafts should have a minimum center-to-center spacing of 3 times the diameter of the larger shaft. Closer spacing may require some reductions in skin friction and/or changes in installation sequences. Closely spaced Report No. 117-17-217 CMJ ENGINEERING,INC 8 shafts should be examined on a case-by-case basis. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 3 diameters to 50 percent of the design value at 1 diameter. Settlements for properly installed and constructed straight shafts in the gray shale will be primarily elastic and are estimated to be less than 1 inch. Differential settlement between adjacent piers is estimated at% inch or less. 4.3.3 Soil Induced Uplift Loads Either type of drilled shaft could experience tensile loads as a result of post construction heave in the site soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. In order to aid in the structural design of the reinforcement, the reinforcement quantity should be adequate to resist tensile forces based on soil adhesion equal to 1,800 psf acting over the upper 10 feet of the pier shaft for the Borings B-A and B-B location and 1,350 psf acting over the upper 10 feet of the pier shaft for the Borings B-H and B-I location. This load must be resisted by the dead load on the shaft, continuous vertical reinforcing steel in the shaft, and a shaft adhesion developed within the bearing strata (or within the belled portion of the pier) as previously discussed. In order to aid in the structural design of the reinforcement, minimum reinforcing should be equal to 0.5 percent of the shaft area. 4.3.4 Drilled Shaft Construction Considerations Drilled pier construction should be monitored by a representative of the geotechnical engineer to observe, among other things, the following items: • Identification of bearing material • Adequate penetration of the shaft excavation into the bearing layer • The base and sides of the shaft excavation are clean of loose cuttings • If seepage is encountered, whether it is of sufficient amount to require the use of temporary steel casing. If casing is needed it is important that the field representative observe that a high head of plastic concrete is maintained within the casing at all times during their extraction to prevent the inflow of water Precautions should be taken during the placement of reinforcing steel and concrete to prevent loose, excavated soil from failing into the excavation. Concrete should be placed as soon as practical after completion of the drilling, cleaning, and observation. Excavation for a drilled pier Report No. 117-17-217 CMJ BNGINEMUNG,INC. 9 should be filled with concrete before the end of the workday, or sooner if required to prevent deterioration of the bearing material. Prolonged exposure or inundation of the bearing surface with water will result in changes in strength and compressibility characteristics. If delays occur, the drilled pier excavation should be deepened as necessary and cleaned, in order to provide a fresh bearing surface. Temporary casing could be required for proper shaft installation at select locations. The casing should be seated below the zone of seepage with all water and most loose material removed prior to beginning the design penetration. Care must then be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. The concrete should have a slump of 6 inches plus or minus 1 inch. The concrete should be placed in a manner to prevent the concrete from striking the reinforcing cage or the sides of the excavation. Concrete should be tremied to the bottom of the excavation to control the maximum free fall of the plastic concrete to less than 10 feet, or focus concrete in the middle of the reinforcing cage to prevent segregation. A drilling rig of sufficient size and weight will be necessary for drilling and/or coring through the hard layers to reach the desired bearing stratum and achieve the required penetration. It should be anticipated that very hard to extremely zones can be present in limestones above the gray shale. The very hard to extremely hard layers can complicate pier drilling operations. In addition to the above guidelines, the specifications from the Association of Drilled Shaft Contractors Inc. "Standards and Specifications for the Foundation Drilling Industry" as Revised 1999 or other recognized specifications for proper installation of drilled shaft foundation systems should be followed. 4.4 Alternative Foundation Systems (Borings B-C and B-D Location) 4.4.1 Foundation Alternative 1— Geopier® Increased bearing capacity and reduced settlement estimates can be achieved at this site with alternative ground improvement systems. Geopier® ground improvement by Tensar, a rammed aggregate pier system (RAP), may be considered for support of the boardwalk at this site. Allowable bearing pressures achieved with such a system can potentially double those of the natural soils and reduce corresponding expected settlement through the densification process of Report No. 117-17-217 CMJ ENGINEERING,INC. 10 the rammed aggregate pier installation. As the Geopier® system is proprietary, a product representative should be contacted directly for engineering parameters, recommendations, and installation for such a system. 4.4.2 Foundation Alternative 2—Helical Pier System A helical pier system should provide adequate support of a boardwalk structure at this location, provided the bottom of the top helix is below the zone of seasonal moisture change (approximately 15 feet) and is situated below the soft soils encountered in Boring B-D. Helical pier systems area usually proprietary and should be properly engineered, designed and installed by a contractor with experience in this area. We recommend South Coast Helix Foundations, Inc. of San Antonio, Texas. Coordination between the structural engineer and South Coast Helix should be anticipated to finalize the design. 4.4.3 Foundation Alternative 3—Auger-Cast In-Place (ACIP) Piles Consideration could be given to utilizing auger-cast in-place pile foundations to support the boardwalk. Auger-cast in-place piles are installed by advancing a hollow-stem auger to a predetermined depth in the ground, and then pumping high-strength flowable cement grout into the hole through the bottom of the hollow auger as the auger is slowly withdrawn. The grout is pumped under relatively high pressure, and a positive head of grout is maintained above the base of the auger during auger extraction. After the auger is completely removed, reinforcing steel is then placed. Based on our experience with auger-cast piles under similar soil and ground-water conditions, a pile working load capacity of 50 to 70 tons per pile could be feasible. This is based on a 16- to 24- inch diameter pile embedded at a depth of about 35 feet below the ground surface. Full scale, on-site load tests are customarily performed on auger-cast piles to verify the desired capacity is achievable prior to construction. This option is most likely cost prohibitive. 4.5 Lateral Earth Pressures—Abutments 4.5.1 General The abutments must be designed for lateral pressures including, but not necessarily limited to, earth, water, surcharge, swelling, and vibration. In addition, the lateral pressures will be influenced by whether the backfill is drained or undrained, and above or below the ground-water table. Report No. 117-17-217 CMJ ENGINEERING,INC. 11 4.5.2 Equivalent Fluid Pressures Lateral earth pressures on the abutments will depend on a variety of factors, including the type of soils behind the wall, the condition of the soils, and the drainage conditions behind the wall. Recommended lateral earth pressures expressed as equivalent fluid pressures, per foot of wall height, are presented in Table 4.5.2-1 for a wall with a level backfill behind the top of the wall. The equivalent fluid pressure for an undrained condition should be used if a drainage system is not present to remove water trapped in the backfill and behind the wall. Pressures are provided for at- rest and active earth pressure conditions. Rigid walls are not anticipated to develop enough movement to mobilize active earth pressures. In order to allow for an active condition the top of the wall(s) must deflect on the order of 0.4 percent. For the select fill or free draining granular backfill, these values assume that a "full' wedge of the material is present behind the wall. The wedge is defined where the wall backfill limits extend outward at least 2 feet from the base of the wall and then upward on a 1 H:2V slope. For narrower backfill widths of granular or select fill soils, the equivalent fluid pressures for the on-site soils should be used. TABLE 4.5.2-1 — Equivalent Fluid Pressures At-Rest Equivalent Active Equivalent Backfill Material Fluid Pressure(pcf) Fluid Pressure(pcf) Drained Undrained Drained Undrained Excavated on-site clay or clay fill 100 110 90 100 material Select fill or on-site soils meeting 75 100 55 90 material specifications Free draining granular backfill 55 90 35 80 material 4.5.3 Additional Lateral Pressures The location and magnitude of permanent surcharge loads (if present) should be determined, and the additional pressure generated by these loads such as the weight of construction equipment and vehicular loads that are used at the time the structures are being built must also be considered in the design. The effect of this or any other surcharge loading may be accounted for by adding an additional uniform load to the full depth of the side walls equivalent to one-half of the expected vertical surcharge intensity for select backfill materials, or equal to the full vertical surcharge Report No.117-17-217 CMJ ENGINEERING,INC. 12 intensity for clay backfill. The equivalent fluid pressures, given here, do not include a safety factor. Analysis of surcharge loads (if any) should be performed on a case-by-case basis. This is not included in the scope of this study. These services can be provided as additional services upon request. 4.6 Wall Backfill Material Requirements On-Site Soil Backfill: For wall backfill areas with site-excavated materials or similar imported materials, all oversized fragments larger than four inches in maximum dimension should be removed from the backfill materials prior to placement. The backfill should be free of all organic and deleterious materials, and should be placed in maximum 8-inch compacted lifts at a minimum of 95 percent of Standard Proctor density (ASTM D 698) within a moisture range of plus to minus 3 percentage points of optimum moisture. Compaction within five feet of the walls should be accomplished using hand compaction equipment, and should be between 90 and 95 percent of the Standard Proctor density. Select Fill: All wall select backfill should consist of clayey sand and/or sandy clay material with a Plasticity Index of 16 or less, with a Liquid Limit not exceeding 35. The select fill should be placed in maximum 8-inch lifts and compacted to between 95 and 100 percent of Standard Proctor density (ASTM D 698)within a moisture range of plus to minus 3 percentage points of the optimum moisture. Compaction within five feet of the walls should be accomplished using hand compaction equipment and should be compacted between 90 and 95 percent of the Standard Proctor density. Granular Backfill: All free draining granular wall backfill material should be a crushed stone, sand/gravel mixture, or sand/crushed stone mixture. The material should have less than 3 percent passing the No. 200 sieve and less than 30 percent passing the No. 40 sieve. The minus No. 40 sieve material should be non-plastic. Granular wall backfill should not be water jetted during installation. 4.7 Abutment Drainage Requirements In order to achieve the "drained" condition for lateral earth pressure using either on-site soil or select fill backfill for low-permeability walls (concrete, masonry, etc.), a vertical drainage blanket or geocomposite drainage member must be installed adjacent to the wall on the backfill side. The drainage must be connected to an outlet drain at the base of the wall. Drainage could be provided Report No. 117-17-217 CMJ ENGImmzwG,INC. 13 using a collector pipe or weep holes near the base of the abutment. Drains should be properly filtered to minimize the potential for erosion through these drains, and/or the plugging of drain lines. Design or specific recommendations for drainage members is beyond the scope for this study. These services can be provided as an additional service upon request. 5.0 SEISMIC CONSIDERATIONS Based on the conditions encountered in the borings for the above referenced project the IBC-2016 site classification is TYPE D for seismic evaluation. 6.0 EARTHWORK 6.1 Site Preparation The proposed construction areas should be stripped of vegetation, roots, old construction debris, and other organic material. It is estimated that the depth of stripping will be on the order of 4 to 6 inches. The actual stripping depth should be based on field observations with particular attention given to old drainage areas, uneven topography, and excessively wet soils. The stripped areas should be observed to determine if additional excavation is required to remove weak or otherwise objectionable materials that would adversely affect the fill placement or other construction activities. The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds. The subgrade should be proof rolled to detect soft spots, which if exist, should be excavated to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. 6.2 Placement and Compaction Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a Report No.117-17-217 CMJ ENGINEERING,INC 14 material of uniform moisture and density is obtained for each lift. Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. The on-site soils are suitable for use in general site grading. Imported general fill material should be clean soil with a Liquid Limit less than 60 and no rock greater than 4 inches in maximum dimension. The fill materials should be free of vegetation and debris. The fill material should be compacted to a density ranging from 95 to 100 percent of maximum dry density as determined by ASTM D 698, Standard Proctor. In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 5 percentage points above optimum (-2 to +5). These ranges of moisture contents are given as maximum recommended ranges. For some soils and under some conditions, the contractor may have to maintain a more narrow range of moisture content (within the recommended range) in order to consistently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. Each lift should be compacted, tested, and approved before another lift is added. The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. 6.3 Trench Backfill Trench backfill for pipelines or other utilities should be properly placed and compacted. Overly dense or dry backfill can swell and create a mound along the completed trench line. Loose or wet backfill can settle and form a depression along the completed trench line. Distress to overlying structures, pavements, etc. is likely if heaving or settlement occurs. On-site soil fill material is Report No. 117-17-217 CMJ ENGINEERING,INC. 15 recommended for trench backfill. Care should be taken not to use free draining granular material, to prevent the backfilled trench from becoming a french drain and piping surface or subsurface water beneath structures, pipelines, or pavements. If a higher class bedding material is required for the pipelines, a lean concrete bedding will limit water intrusion into the trench and will not require compaction after placement. The soil backfill should be placed in approximately 4- to 6- inch loose lifts. The density and moisture content should be as recommended for fill in Section 6.2, Placement and Compaction, of this report. A minimum of one field density test should be taken per lift for each 150 linear feet of trench, with a minimum of 2 tests per lift. 6.4 Excavation Considerations The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. 6.5 Acceptance of Imported Fill Any soil imported from off-site sources should be tested for compliance with the recommendations for the particular application and approved by the project geotechnical engineer prior to the materials being used. The owner should also require the contractor to obtain a written, notarized certification from the landowner of each proposed off-site soil borrow source stating that to the best of the landowner's knowledge and belief there has never been contamination of the borrow source site with hazardous or toxic materials. The certification should be furnished to the owner prior to proceeding to furnish soils to the site. Soil materials derived from the excavation of underground petroleum storage tanks should not be used as fill on this project. Report No. 117-17-217 CMJ ENGINEERING,INC. 16 6.6 Soil Corrosion Potential Specific testing for soil corrosion potential was not included in the scope of this study. However, based upon past experience on other projects in the vicinity, the soils at this site may be corrosive. Standard construction practices for protecting metal pipe and similar facilities in contact with these soils should be used. 6.7 Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with permanent erosion and sediment control facilities. All applicable ordinances and codes regarding erosion and sediment control should be followed. 7.0 TRAIL PAVEMENTS 7.1 Pavement Subgrade Preparation Surface soils encountered at this site consist of moderately to highly plasticity clays. Higher plasticity clays, those with a PI of 20 or greater, are subject to loss in support value with the moisture increases which occur beneath pavement sections. They react with hydrated lime, which serves to improve and maintain their support value. Treatment of these soils with hydrated lime will improve their subgrade characteristics to support area paving. Most trails are lightly loaded and do not require lime-stabilization for strength. Scarification, moistening as required, and recompaction will suffice in areas where vehicular traffic is not expected. Prior to lime stabilization or compaction, the subgrade should be proofrolled with heavy pneumatic equipment. Any soft or pumping areas should be undercut to a firm subgrade and properly backfilled as described in the Earthwork section. The subgrade, stabilized or unstabilized, should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698 near -2 to +4 percentage points of the optimum moisture content determined by that test. It then should be protected and maintained in a moist condition until the pavement is placed. The presence of pebbles and calcareous nodules in surface soils can complicate mixing of the soil and lime. We recommend a minimum of 7 percent hydrated lime be used to modify the clay subgrade soils. The estimated amount of hydrated lime required to stabilize the subgrade should be on the order of 32 Report No. 117-17-217 CMJ ENGINEERING,INC 17 pounds per square yard for a 6-inch depth. The hydrated lime should be thoroughly mixed and blended with the upper 6 inches of the clay subgrade (TxDOT Item 260). The hydrated lime should meet the requirements of Item 260 (Type A) in the Texas Department of Transportation (TxDOT) Standard Specifications for Construction of Highways, Streets and Bridges, 2014 Edition. Lime treatment should extend beyond exposed pavement edges to reduce the effects of shrinkage and associated loss of subgrade support. We recommend that subgrade stabilization extend to at least one foot beyond pavement edges to aid in reducing pavement movements and cracking along the curb line due to seasonal moisture variations after construction. Each construction area should be shaped to allow drainage of surface water during earthwork operations, and surface water should be pumped immediately from each construction area after each rain and a firm subgrade condition maintained. Water should not be allowed to pond in order to prevent percolation and subgrade softening, and lime should be added to the subgrade after removal of all surface vegetation and debris. Sand should be specifically prohibited beneath pavement areas, since these more porous soils can allow water inflow, resulting in heave and strength loss of subgrade soils (lime stabilized soil will be allowed for fine grading). After fine grading each area in preparation for paving, the subgrade surface should be lightly moistened, as needed, and recompacted to obtain a tight non-yielding subgrade. Surface drainage is critical to the performance of this pavement. Water should be allowed to exit the pavement surface quickly. All pavement construction should be performed in accordance with the following procedures. 7.2 Lime-Induced Heaving Soluble sulfate tests were conducted to check for lime-induced heaving potential. Lime-induced heaving is caused when hydrated lime is added to a soil with a high sulfate concentration. The lime reacts with the sulfates to cause potentially large volumetric changes in the soil. Soluble sulfate levels in soils on the order of 2,000 parts-per-million (ppm)or less are usually of low concern and warrant only observation of the subgrade during the stabilization process. Soluble sulfate levels on the order of 2,000 to 6,000 ppm usually warrant a double lime process, with the first treatment of lime consisting of%2 the recommended concentration and a second lime treatment consisting of the full recommended concentration. Sulfate levels on the order of 6,000+ ppm may require a double-lime process, with the two full concentration lime treatments. Report No. 117-17-217 CMJ ENGINEERING,INC. 18 The soluble sulfate levels of the tested samples were less than 100 ppm, and tabulated on Plate A.12. Since the samples tested were below 2,000 ppm, a single-lime process may be used. The single-lime treatment is described in Section 7.1. However, it is recommended that during the curing period of the lime treatment, the subgrade be supplied with ample moisture and it should be checked for any volumetric changes that may indicate a lime-induced heaving condition. 7.3 Pavement Sections The project includes the construction of a hike and bike trail. It is typical that emergency vehicles may occasionally utilize the trail. At the time of this investigation, site paving plans were not available. Therefore, several rigid pavement sections are presented for a 20-year design life in areas where vehicular traffic is expected based on our experience with similar facilities for Light- Duty Drives and Medium-Duty Drives. In general, these areas are defined as follows: Licht-Duty Drives are those drives subjected almost exclusively to passenger cars, with an occasional light-to medium-duty truck (2 to 3 per week) Medium-Duty Drives are those lots subjected to a variety of light-duty vehicles to medium-duty vehicles and an occasional heavy-duty truck (1 to 2 per week). We recommend that rigid pavements be utilized at this project whenever possible, since they tend to provide better long-term performance when subjected to significant slow moving and turning traffic. For Portland cement concrete pavement is used, a minimum thickness of 5 inches of concrete is recommended for light-duty drives and 6 inches for medium-duty drives. A California Bearing Ratio or other strength tests were not performed because they were not within the scope of our services on this project. A subgrade modulus of 100 psi was considered appropriate for the near-surface soils. If heavier vehicles are planned, the above cross sections can be confirmed by performing strength tests on the subgrade materials once the traffic characteristics are established. Periodic maintenance of pavement structures normally improves the durability of the overall pavement and enhances its expected life. The above sections should be considered minimum pavement thicknesses and higher traffic volumes and heavier trucks may require thicker pavement sections. Additional recommendations can be provided after traffic volumes and loads are known. Periodic maintenance should be anticipated for Report No. 117-17-217 CMJ ENGINEERING,INC. 19 minimum pavement thickness. This maintenance should consist of sealing cracks and timely repair of isolated distressed areas. 7.4 Pavement Material Requirements Reinforced Portland Cement Concrete: Reinforced Portland cement concrete pavement should consist of Portland cement concrete having a 28-day compressive strength of at least 3,500 psi. The mix should be designed in accordance with the ACI Code 318 using 3 to 6 percent air entrainment. The pavement should be adequately reinforced with temperature steel and all construction joints or expansion/contraction joints should be provided with load transfer dowels. The spacing of the joints will depend primarily on the type of steel used in the pavement. We recommend using No. 3 steel rebar spaced at 18 inches on center in both the longitudinal and transverse direction. Control joints formed by sawing are recommended every 12 to 15 feet in both the longitudinal and transverse direction. The cutting of the joints should be performed as soon as the concrete has "set-up" enough to allow for sawing operations. 7.5 General Pavement Considerations The design of the pavement drainage and grading should consider the potential for differential ground movement due to future soil swelling on the order of 2%2 to 5 inches. In order to minimize rainwater infiltration through the pavement surface, and thereby minimizing future upward movement of the pavement slabs, all cracks and joints in the pavement should be sealed on a routine basis after construction. 8.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed. Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe earthwork and foundation installation and perform materials evaluation during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. Until these construction phase services are performed by the project geotechnical engineer, the recommendations contained in this report on such items as final foundation bearing elevations, Report No.117-17-217 CMJ ENGINEERING,INC. 20 proper soil moisture condition, and other such subsurface related recommendations should be considered as preliminary. It is proposed that construction phase observation and materials testing commence by the project geotechnical .engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. 9.0 REPORT CLOSURE The boring logs shown in this report contain information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings. The results of these tests, along with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that these logs are representative of subsurface conditions at other locations and times. With regard to ground water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions stated in the text of the report and on the boring logs. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors. Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly Report No. 117-17-217 CMJ BNGINEMUNG,INC 21 designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If, during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial lapse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report, and such other field observations as might be necessary. The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface Report No.117-17-217 CMJ ONGINMUUNG,INC 22 conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of Halff Associates, Inc. for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. Report No. 117-17-217 CMJ ENGINEMNG,INC. 23 2� e Al 'r �.f �. '• 1 c,, '� Al e r yrs, 47 p9y I M n i �P •y i•�1�4• � �� s rb �4 c 7Y we,»" �a a k� k'' "� � a A r � Ylr N /[ PLAN OF BORINGS t" INC. TRINITY TRAILS EAST PLATE -AwFORT WORTH, TEXAS A.I CMJ PROJECT No, 117-17-217 Major Divisions Sym. Typical Names Laboratory Classification Criteria y Well-graded gravels,gravel- L °, tp z GW sand mixtures,little or no AC„=°10 greater than 4: Cc=D x° between 1 and 3 y �� °0 9 LU 0 fines c rnO. 0 o °A' 0Poorly graded gravels, gravel, E y v GP sand mixtures,little or no Not meeting all gradation requirements for GW J aa) a �; .2 fines a v ami > c c 0 a 'o Silt ravels, ravel-sand-silt y L Liquid and Plastic limits Liquid and plastic limits N S GM y g g �; N ; Cr below"A"line or P.I. co L � mixtures Z greater than 4 plotting in hatched zone Z° c N N : y between 4 and 7 are _ 0 (D 3 M a o a borderline cases y aU o ^' Liquid and Plastic limits a � > ;v Clayey gravels,gravel-sand- N N „ . requiring use of dual u, o a GC clay mixtures r z ; c above A line with P.I. symbols � Q y ; z greater than 7 LU v C y 0 i p a) Well-graded sands,gravelly Z ` i D, (°'oiZ 12 y c SW m E C„=-- greater than 6: Cc= between 1 and 3 M -- E c sands, little or no fines m U) D,o v x° U E W N 0 rn a T to so v7 c i N c 0 i :SN 4) a Poorly graded sands; m w SP gravelly sands,little or no c Not meeting all gradation requirements for SW M 'a) > fines ° ffi t y y ) "- 1- QQ c c a E 0 o o N 0 N $ � o 4) d W) o o v, c rn�q Liquid and Plastic limits 12 "' mCL L �,, below"A"line or P.f. less c o SM Silty sands,sand-silt mixtures -- Liquid and plastic limits M M EU a o o o than 4 plotting between 4 and 7 o a N —' uz are borderline cases V asi Clayey sands,sand-clay E Liquid and Plastic limits requiris mbols se f dual 0 ca SC = Eabove A line with P.I. y a mixtures � greater than 7 Q C3 d v Inorganic silts and very fine sands,rock flour,silty or ML clayey fine sands,or clayey U) m silts with slight plasticity > 6 0 Inorganic clays of low to .0 a medium plasticity,gravelly CL clays,sandy clays,silty clays, e g r E and lean clays p U CH Z vOrganic silts and organic silty 40 N :SOL clays of low plasticity X 0 0 N � x•30 ami � .. Inorganic silts,micaceous or w L MH diatomaceous fine sandy ora O OH a d MH a silty soils,elastic silts 20 �P u- E w CL 00 ( CH Inorganic clays of high !I-- plasticity,fat clays C E 4 ML a d OL c v o0 2 OH Organic clays of medium to °o 10 20 30 ao so so 70 as so goo -- high plasticity,organic silts Liquid Limit v rno Pt Peat and other highly organic Plasticity Chart 0 soils UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2 SOIL OR ROCK TYPES GRAVEL LEAN CLAY LIML:SIONE 0 0 ' �• SAND ' SANDY _ SmALE SILT SILKY SANDSTONE CLAYEY HIGHLY CONGLOMERATE Shelby Auger Split Rock Cone No PLASTIC CLAY Tube Spoon Core Pen Recovery TERMS DESCRIBING CONSISTENCY, CONDITION,AND STRUCTURE OF SOIL Fine Grained Soils(More than 50%Passing No.200 Sieve) Descriptive Item Penetrometer Reading,(tsf) Soft 0.0 to 1.0 Firm 1.0 to 1.5 Stiff 1.5 to 3.0 Very Stiff 3.0 to 4.5 Hard 4.5+ Coarse Grained Soils(More than 50%Retained on No.200 Sieve) Penetration Resistance Descriptive Item Relative Density (blows/foot) 0 to 4 Very Loose 0 to 20% 4 to 10 Loose 20 to 40% 10 to 30 Medium Dense 40 to 70% 30 to 50 Dense 70 to 90% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickensided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or silt Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand; corresponds in consistency up to very stiff in soils Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite,siderite, and Iron oxide are common cementing materials. and iron oxide are common cementing materials. Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered Noted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency,texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3 -- CMJ ENGINEERING INC Project No. Boring No. Project Trinity Trails East Project 11_7-17-217 B-A Fort Worth,Texas Location Water Observations 3_2,786417_°N,97.208111°W Seepage at 33'during drilling; dry at completion Completion Completion Depth 35.0' Date 5-4-17 I Surface Elevation Type B-53,wl CFA . u F� E a,d N c M �'a Z LL N o fn o Stratum Description o � �_ M IR �OCu ai o� a� c x �& DU c av c W C7 a N� m a�E m E my o o c� cII o 'o W W maw am :3:3 o_:3 a5 200 >� 56a. SILTY CLAY t SANDY SILTY CLAY,dark brown to 2.25 21 brown,firm to stiff (possible fill) 2.0 23 1.25— 66 46 18 281 22 100 CLAY I SILTY CLAY,dark brown,w/pebbles,firm 1.25 31 to stiff 1.75 96 77 27 50 30 5 2.25 29 2.25 28 1 -hard below 14' 4.5+ 1 24 101 8420 15 SILTY CLAY/SFtaLY SILTY CLAY,tan and gray, 1.75 97 38 17 21 22 2 wl occasional pebbles:stiff to very stiff 3.5 21 106 5500 25 2.75 J22 30__ 2.25 1 20 0 c� 'a t? N r U' 2 K O ro LL 9 LOG OF BORING NO. B-A PLATE A.4 Project No. Boring No. Project Trinity Trails East Project CMj ENGINEERING INC 117-17-217 B-B Fort Worth,Texas _ Location Water Observations 32.786611°N,97.208056°W Seepage at 30'during drilling;water at 50'at completion Completion Completion Depth 50.0' Date 5-4-17 Surface Elevation Type B-53,w/CFA o a-mi o � orn N c�- o ' z ID U) Stratum Description �iy v_ � y N 2— a� L) d ad(6 mm Q,E A.E my 'oo cm a5 W x mdl- a.F0 JJ a� 0- c 2c) >3 S8ao SANDY CLAY, brown to dark brown,hard 4.5+ 10 CLAY/SILTY CLAY,dark brown,w/occasional 2.75 20 pebbles,firm to stiff 1.0 30 5 1.25 30 1.75 96 71 26 45 28 10 2.25 27 15 -very stiff, 1 'to 'V 4.5 94 70 28 42 23 SANDY SILTY CLAY,brown,w/calcareous nodules,stiff to very stiff 20 4.25 18 113 7410 25 V 4.0 19 110 7415 30 I Y 3.0 20 �„ i, SANDY CLAY i CLAYEY SAND, tai an 1 t ro.:r clay seams and sand seams 35 0.5 67 32 12 20 22 03 . 1.0 22 0 0.5 21 � 45 U IL IL c7 lV n 50 —————————————--——————— —— 24 z z O m 0 O o LOG OF BORING NO. B-B PLATE A,5 —- CMJ ENGINEERING INC Project No. —T Boring No. Project Trinity Trails East Project 117-17-217 B-C Fort Worth,Texas Location Water Observations 32.793278"N,97.207889°W Seepage at 30'during drilling;water at 33'at completion Completion Completion Depth 35.0' 1 Date 5-4-17 Surface Elevation Type B-53,w/CFA LL c o .s C14 c u- a E 0A C o �+ � 0c o Stratum Description IleUU: 0.9 o o 0 o w 'e cd mm �E of -5 oo c� $ oo' (4 o: mat— avo 5. :3 a:7 a5 20 » �Ua. SILTY CLAY,brown,wl calcareous nodules,hard 4.5+ 981 45 181 271 15 4.5+ 19 4.5+ 116 SANDY CLAY,brown, hard 4.5+ 12 4.5+ 1 1 CLAY I SILTY CLAY,brown,wnr/caEcareous _ nodules,very stiff to hard 4.5+ 16 4.5+ 93 55 19 36 17 113 10 4.5+ 18 111 1 8870 15 4.5+ 17 114 1g6DO 2 4.0 1 1 17 25 -stiff below 29' 2.0 94 1 1 23 30 2.25 20 35- ----------------------- i 0 U a U ti N r ri (7 Z C O m LL o PLATE A.6 J LOG OF BORING NO. B-C -- Project No. Borin No. Project — — — - C ENGINEERING INC — 1 9 I Trinity Trails East Project 117-17-217 B-D Fort Worthy,Texas Location Water Obse_rvalions 32.793500°N,97,207917°W Seepage at 14'during drilling;water at 15'and borehole cave-in at 15'at Completion Completion completion Depth 50.0' Date 54-17 Surface Elevation Type B-53,w/CFA E m o N Stratum Description y� o U Q S ofUy - 6 C Cd > q� N N y Cv U U E 7 Ln CL{-: a.co 5:3 dJ IL.E 2V mJ IVa -c- GRAVEL, 6 inches thick 4.5+ 18 CLAY 1 S1LTY CLAY,oark brawn to brown,wl 4.5+ 19 calcareous nodules,very stiff to hard 4.5+ 21 A.5+ 14 5 4.5+ 58 19 39 19 107 4.5+ 20 10 3.5 17 15 SILTY CLAY,brown,soft to firm 0.75 92 30 19 11 23! 103 860 21.0 93 231 SAND,tan to light brown,wl clay seams and layers, medium dense 25 14 27 —30-- 0 14 26 35 3.0 24 CLAYEY SAND,tan and brown,wl clay seams and sand seams 40 24 r a c� 45 26 25 N n 5 ---- 0 z 0 o m LL O LOG OF BORING NO. B-D PLATE A.7 Project No. Boring No. Project CMJ ENGINEERING INC Trinity Trails East Project 117-17-217 B-1 Fort Worth, Texas Location Water Observations 32.796602-N, 97.201969°W Dry during drilling;dry at completion Completion Completion Depth 20.0' Date 5-4-17 Surface Elevation Type B-53,w/CFA r .0 a ` � N cu a E E o.F= O o Stratum Description o o o z� U 3�u. > > X y`�' to S E 3 w C'! o4) mm of J5.E cn 'oo co coo a o: maF- act �� aa5 20 �Uo. CLAY/SANDY SILTY CLAY, br -w-n and gray,stiff 4.5+ 13 to hard (FILL) 3.0 16 4.5+ 15 4.25 86 53 19 34 20 2.0 30 5 SANDY SILTY CLAY,brown,stiff to hard (possible fill) 1.5 19 0 3.75 84 40 171 23 21 104 1 4.5+ 1 20 i5 _ SHALE,gray,moderately hard 100/3" n O -i U C�7 N n 2 K O m LL o LOG OF BORING NO. B-1 PLATE A.9 _ —CMJ ENGINEERING INC. Project No. Boring No. Project Trinity Trails East Project 117-17-217 B-H Fort Worth,Texas Location Water Observations 32.796583°N,97.202361°W Dry during drilling;dry at completion Completion Completion Depth 15.0' 1 Date 6-4-17 Surface Elevation Type B-53,W/CFA cfi l�L p N c LL OG O o LL 'O2 Q o Stratum Description o o o o p� ui o �V7 N� crE g'E my oo c� coo w IX mn.H acn :3:3 a.� a5 Mc) D a M LIMESTONE,tan,wl clay seams and layers 21 LIMESTONE,gray,w/shale seams and layers, moderately hard 00/3.75' 9 5 LIMESTONE,tan —— SHALE,gray,wl occasional limestone seams,hard 00/1.75' 1 -- '00/1.371" 0 c� 'a c7 n C7 z 0 0 a o LOG OF BORING NO. B-H PLATE A.8 FREE SWELL TEST RESULTS Project: Trinity Trails East Project Fort Worth, Texas Project No.: 117-17-217 Deptlh Liquid Plastic Plastic! ty Moisture Percent' Bar+ng Sample l. m�t _ Limit Index Content Interval Sv eH [►la Description 4 LL PL PI Initial Final If B-A 2-3 Silty Clay 46 18 28 22.0 23.1 0.7 B-C 9-10 Clay 55 19 36 16.8 19.7 3.3 B-D 4-5 Clay 58 19 39 19.1 21.4 1.8 B-1 9-10 SanCdlya Silty 40 17 23 21.1 22.1 0.0 I Free swell tests performed at approximate overburden pressure CMJ ENGINEERING, INC. PLATE A.10 LIME SERIES TEST RESULTS Project: Trinity Trails East Project Fort Worth, Texas Project No.: 117-17-217 Boring No.: B-C Depth: 0' to 1' Material: Silty Clay Percent Lime pH 0 9.07 2 11.83 4 12.33 6 12.42 8 12.45 10 12.45 CMJ ENGINEERING, INC. PLATE A.11 SOLUBLE SULFATE TEST RESULTS Project: Trinity Trails East Project Fort Worth, Texas Project No.: 117-17-217 r Boring Depth Material Soluble No. (ft.) Sulfates (ppm) B-A 0 - 1 Silty Clay <100 B-B 0 - 1 Sandy Clay <100 B-C 0 - 1 Silty Clay <100 B-D 0 - 1 Clay <100 B-1 0 - 1 Clay <100 Note: Test Method TxDOT Tex 145-E. 11 ENGINEERING, INC. PLATE A.12 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2027.276747 2L Construction LLC Rhome,TX United States Date Flied: 2 Name of govemmentai entity or state agency that Is a party to the contract for which the form is 10/26/2017 being filed. City of Fort Worth Date Acknowled d' r 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 02477 Construction of Trinity Trails East 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Leonardo,Dominick Rhome,TX United States X 5 Check only it there Is NO Interests Pavy. El 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that th above closure is true and correct. E(OlWi TNEY N.FISHER luetic-STATE OF TEXAS 12911116-3 .L!<►.O>i-04-Zo20 Signature of authoriz ent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said _t]emr,irniGK- Lg enam Q this the 21attn day of +otyr 20 to to certify which,witness my hand and seal of office. N N F i r t• � Signature of Acer administering oath Printed name fficer administering oath Title of officer adffiWdstedng oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V'1.0.3337