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Contract 50906
City Secretary CITY SECRETARY 1� Construction 0 0ONTRACT NO. 5� Project Manager FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Wilbarger Street & Miller Avenue Pedestrian, Signal, & Lighting Improvements CsJ: 0172-06-092 Federal Aid Project: CM 1502(653) City Project No. 02552 Betsy Price David Cooke Mayor City Manager Douglas W.Wiersig,P.E. Director,Transportation and Public Works Department Prepared for The City of Fort Worth � and w�onn i�o�ao u TxDOT "' 1blOZ 5Z NS1f w CIAA C4 January 2017 64 �� �l P-R 0� ■Irl■ ... HALFF mom Halff Associates, Inc. *;' , 4000 Fossil Creek Blvd. r'"••pgy�p M:SIy01TH*'r Fort Worth,Texas 76137-2720 r""""""""""'••••••••••�-•••i 0% 102401OFFICIAL RECORD r r DO NOT DISASSEMBLE r� ts�'/pryA �G��� CI'T'Y ONCIILI�'ARY p0t' FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 ;5 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 00 45 13 Biddef Pfeqtialifieatiefi.ikppliea4iefi 00 45 26 Contractor Compliance with Workers'Compensation Law Disadvantage Business Enterprise Goal Special Instructions for Offerors 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Warranty Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01-General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0172-06-092 Revised February 2,2016 02552 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Division 99—TxDOT Requirements 1. Disadvantaged Business Enterprises Requirements 2. Buy America 3. Child Support Statement(Family code 231.006) 4. OSHA Implementation 5. Disclosure of Lobbying Activities 6. Non-Collusion Statement 7. Certificate of Interest 8. Contractor's Assurance 9. Prevailing Minimum Wage—Davis Bacon 10. Prison-Produced Materials 11. Differing Site Conditions 12. General Notes Sheet A-O 13. TxDOT Specifications List 14. Introduction to Local Government General Requirements 15. Forward 16. Items 1 L-9L-Local Government General Requirements and Covenants 17. Special Provisions 18. Special Specifications 19. Federal Requirements for Federal-Aid Construction Contracts(FHWA-1273) 20. Title VI Review Report: Appendix A& E 21. FHWA Form 1391 "Standard Specifications for Construction Maintenance of Highways, Streets, and Bridges— Adopted by the Texas Department of Transportation,November 1,2014"—Included by Reference Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Disadvantaged Business Enterprise Requirements GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised February 2,2016 02552 DIVISION 00-GENERAL CONDITIONS City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/5/2018 DATE: Tuesday, June 5, 2018 REFERENCE NO.: C-28716 LOG NAME: 20WILBARGER STREET& MILLER AVENUE/US 287 CONTRACT SUBJECT: Authorize Execution of a Contract with Bean Electrical, Inc., in the Amount of$1,135,497.95 for Pedestrian, Traffic Signal and Street Light Improvements at Wilbarger Street at Miller Avenue/US 287 (COUNCIL DISTRICTS 5 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with Bean Electrical, Inc., in the amount of$1,135,497.95 for pedestrian, traffic signal and street light improvements at Wilbarger Street and Miller Avenue (City Project No. CO2552) DISCUSSION: This intersection improvement project upgrades existing infrastructure including traffic and pedestrian signals, medians, ADA ramps and sidewalks connections at the intersection to improve overall safety of pedestrians and the traveling public. The project is funded using Federal Grant funds with a 20% ($400,000.00) local match participation and is within the Texas Department of Transportation (TxDOT) Right of Way, therefore TxDOT has jurisdictio over the bidding process. The City, with TxDOT's approval, undertook the bidding process. This project was advertised for bids on January 18, 2018 and January 25, 2018 in the Fort Worth Star- Telegram. On February 15, 2018, two companies submitted bids as follows: Bidder BIDS Bean Electrical, Inc. $1,135,497.95 Durable Specialties, Inc. $1,393,700.00 In addition to the construction cost shown above, an additional amount of$221,550.00 is required for staff project management, material testing, inspections and project contingencies for a total construction amount of$1,457,100.00. M/WBE OFFICE - Bean Electrical, Inc. is in compliance with the City's DBE Program by committing to 20% DBE participation on this project. The TxDOT DBE goal on this project is 3%. On April 10, 2018, the City received TxDOT`s concurrence letter with approval to the award of the contract to Bean Electrical, Inc. Lognwne: 20WILBARGER STREET MILLER AVENUE/US 287 CONTRACT Page 1 of 2 The project is located in COUNCIL DISTRICTS 5 and 8. FISCAL INFORMATION/ CERTIFICATION: 4 The Director of Finance certifies that upon approval of the above recommendations, funds will be availabl as appropriated of the 2014 Bond program and the Grants Capital Projects Federal Fund. Before an expenditure is incurred, the participating department shall verify the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mown ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # �moil ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manacer's Office by: Susan Alanis (8180) Orlainatinc Department Head: Douglas Wiersig (7801) Additional Information Contact: Wilma Smith (8785) ATTACHMENTS 1. DBE Compliance Bean Elec.pdf (CFW Internal) 2. FID Wilbarger Street.pd (CFW Internal) 3. Form 1295 Wilbarger Miller.pd (Public) 4. Map Miller Ave Wilbarger Street.pd (Public) Pr I Logname: 20WILBARGER STREET MILLER AVENUE/US 287 CONTRACT Page 2 of 2 C,.,- a� I i (, CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-336186 Bean Electrical, Inc. Everman,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/09/2018 being filed. City of Fort Worth Date Acknowleed: ,� 7e , / — 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract,and p Ovide a description of the services,goods,or other property to be provided under the contract. CO2552-Wilbarger/Miller Avenue Traffic Signals Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Bean, Roy Everman,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION Gj My name is 0 L ti D� "" and my date of birth is My address is 80' �(.(t� V Y'OV F- KA f'by jWiq,-�A (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ptLCounty, State !i5 on thaZl'ay of rt 20 (month) (year) Sign re of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 001113-1 INVITATION TO BIDDERS Page I of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Wilbarger Street& Miller Avenue Pedestrian,Signal,& 6 Lighting Improvements will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth, Texas 76102 12 until 1:30 P.M. CST,Thursday, February 15,2018,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of sidewalks,a new traffic signal and street and pedestrian lighting 17 improvements for the Wilbarger Street and Miller Avenue intersection which is underneath a S.H. 18 287 overpass and within TxDOT right-of-way. 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City as well as the Texas Department of Transportation(TxDOT)at the time of 23 bid opening.The procedures for qualification and pre-qualification are outlined in the Section 00 24 2113—INSTRUCTIONS TO BIDDERS. 25 26 DOCUMENT EXAMINATION AND PROCUREMENTS 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 28 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasinp,/and 29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 30 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 31 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 32 Parties Form 1295 and the form must be submitted to the Project Manager before the 33 contract will he presented to the City Council.The form can be obtained at 34 https://www.ethics.state.tx.us/tee/1295-Info.htm . 35 36 Copies of the Bidding and Contract Documents may be purchased from: 37 38 Halff Associates, Inc. 39 David Smith,P.E. 40 4000 Fossil Creek Blvd. 41 Ft. Worth, Texas 76137-2720 42 (817)764-7486 43 44 The cost of Bidding and Contract Documents is: 45 Set of Bidding and Contract Documents with full size drawings: N/A 46 Set of Bidding and Contract Documents with half size(if available)drawings: $100.00 47 48 49 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 22,2016 02552 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13- INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: Tuesday,January 30,2018 5 TIME: 2:00 PM 6 PLACE: 200 Texas Street, Room#270 7 Fort Worth,Texas 76102 8 LOCATION: Transportation and Public Works Building; Room#270 is located on the second 9 floor on the east side of the building. 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 FUNDING 15 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 16 revenues generated from local funding source 31001-0200410-5740010-002552-C03983,as well 17 as federal funding and dedicated by Fort Worth City Council to the work under this 18 INVITATION TO BIDDERS. 19 20 INQUIRIES 21 All inquiries relative to this procurement should be addressed to the following: 22 Attn: Wilma Smith, P.E.,City of Fort Worth 23 Email: Wilma.Smith@fortworthtexas.gov 24 Phone: (817)392-8785 25 AND/OR 26 Attn: David Smith, P.E., Halff Associates, Inc. 27 Email: dsmith@halff.com 28 Phone: (817)764-7486 29 30 ADVERTISEMENT DATES 31 1'Advertisement—Thursday,January 18,2018 32 21 Advertisement—Thursday,January 25,2018 33 END OF SECTION CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 22,2016 02552 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of I I 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. Successful Bidder: The lowest responsible and responsive Bidder to whom City 16 (on the basis of City's evaluation as hereinafter provided)makes an award. 17 18 2. Copies of Bidding Documents 19 20 2.I.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 21 resulting from the Bidders use of incomplete sets of Bidding Documents. 22 23 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 24 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 25 for any other use. 26 27 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 28 29 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 30 requiring prequalification at the time of bidding. Bids received from contractors who are 31 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 32 requirement work types and documentation are as follows: 33 34 3.1.1. Paving-Requirements document located at; 35 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 36 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 37 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20RE4 38 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 39 40 3.1.2. Roadway and-Pede--- r-i-a- Lighting-Requirements document located at; 41 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 43 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20RE0 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 47 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of I I 1 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 2 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 3 45 11, BIDDERS PREQUALIFICATIONS. 4 5 3.2.1. Submission of and/or questions related to prequalification should be addressed to 6 the City contact as provided in Paragraph 6.1. 7 8 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 10 bidder(s)for a project to submit such additional information as the City, in its sole 11 discretion may require,including but not limited to manpower and equipment records, 12 information about key personnel to be assigned to the project,and construction schedule, 13 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 14 deliver a quality product and successfully complete projects for the amount bid within 15 the stipulated time frame. Based upon the City's assessment of the submitted 16 information,a recommendation regarding the award of a contract will be made to the 17 City Council. Failure to submit the additional information,if requested,may be grounds 18 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 19 notified in writing of a recommendation to the City Council. 20 21 3.4.In addition to prequalification,additional requirements for qualification may be required 22 within various sections of the Contract Documents. 23 24 3.5. Special qualifications required for this project include the following: 25 26 TxDOT requires contractors performing work on an on-system facility to be prequalified by 27 TxDOT. The following is an excerpt from TxDOT's Local Government Project Management 28 Guide outlining the prequalification requirements: 29 30 For construction and maintenance projects on the state highway system(with or without state or 31 federal funds),the LG must require contractors to be prequalified by TxDOT.TxDOT qualifies 32 bidders to become eligible to bid or to receive a bid proposal on a construction or maintenance 33 project.The agency has two levels of qualification,both of which require annual requalification. 34 35 Confidential Questionnaire(CQ) This level of qualification(fully prequalified)is 36 normally for construction projects.Bidders must provide an audited financial statement 37 prepared by an independent certified public accountant as outlined in Bulletin No.2. 38 Financial statements must be less than one year old and must be approved for at least one 39 letting prior to the anniversary date.In addition to the completed questionnaire,bidders 40 must also provide related supporting documents. 41 42 Bidder's Questionnaire(BQ)—This level of qualification is for bidding on projects 43 where the full requirements outlined above are waived—normally smaller construction, 44 routine maintenance,emergency and specialty projects.In order to satisfy the 45 requirements for bidding on a waived project,bidders must provide a completed Bidder's 46 Questionnaire and related supporting documents.The proposal request form denotes 47 projects eligible for this level of qualification with a"W." 48 49 50 51 52 53 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of I 1 I Qualification of Bidders 2 3 TxDOT determines each contractor's bidding capacity(the maximum dollar value a 4 contractor may have under contract with TxDOT at any given time).A contractor may 5 request and receive bidding proposals for upcoming projects for which the engineer's 6 estimate does not exceed bidding capacity,less any other TxDOT work currently under 7 contract.Once TxDOT qualifies a bidder,the approval is valid for one year from the date 8 of the financial statement.Bidder's Questionnaires are valid for one year from the date of 9 receiptby TxDOT.TxDOT grants a 90-day grace period for the preparation of a new 10 qualification statement.All qualification statements must be received at least 10 days 11 prior to the date of the project letting. 12 13 4. Examination of Bidding and Contract Documents, Other Related Data,and Site 14 15 4.1.Before submitting a Bid,each Bidder shall: 16 17 4.1.1. Examine and carefully study the Contract Documents and other related data 18 identified in the Bidding Documents(including"technical data" referred to in 19 Paragraph 4.2. below).No information given by City or any representative of the 20 City other than that contained in the Contract Documents and officially 21 promulgated addenda thereto, shall be binding upon the City. 22 23 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 24 site conditions that may affect cost,progress,performance or furnishing of the 25 Work. 26 27 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 28 progress,performance or furnishing of the Work. 29 30 4.1.4. Be advised,City, in accordance with Title VI of the Civil Rights Act of 1964,78 31 Stat.252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal Regulations, 32 Department of Transportation, Subtitle A,Office of the Secretary,Part 21, 33 Nondiscrimination in Federally-assisted programs of the Department of 34 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 35 affirmatively insure that in any contract entered into pursuant to this advertisement, 36 minority business enterprises will be afforded full opportunity to submit bids in 37 response to this invitation and will not be discriminated against on the grounds of 38 race, color,or national origin in consideration of award. 39 40 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 41 contiguous to the Site and all drawings of physical conditions relating to existing 42 surface or subsurface structures at the Site(except Underground Facilities)that 43 have been identified in the Contract Documents as containing reliable"technical 44 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 45 at the Site that have been identified in the Contract Documents as containing 46 reliable"technical data." 47 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of I 1 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish.All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents.No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research, investigations,tests,borings,and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project.On request,City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations,tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations,investigations,tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion,and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates,investigation,research,tests,explorations,and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required.Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents.The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 f3635 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any,on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures(except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 11 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents,but the "technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations,opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods, techniques, sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents, (iii)that Bidder has given City written notice of all 15 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 23 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities,construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way,easements,and/or permits,and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 50 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 11 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to.Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 200 Texas Street 15 Fort Worth,TX 76102 16 Attn: Wilma J. Smith, P.E.,T/PW-Capital Delivery Division 17 Fax: (817)392-2533 18 Email: Wilma.Smith@fortworthtexas.gov 19 Phone:(817)392-8785 20 21 22 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 City. 24 25 6.3.Addenda or clarifications may be posted via Buzzsaw at: 26 https://projectpoint.buzzsaw.com/fortworth,izov/Infrastructure%2OProjects/02552%20- 27 %20Wilbarger,%2OMiller,%20287/Bid%2ODocuments%2OPackage?public. 28 29 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 30 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 31 Project. Bidders are encouraged to attend and participate in the conference. City will 32 transmit to all prospective Bidders of record such Addenda as City considers necessary 33 in response to questions arising at the conference. Oral statements may not be relied 34 upon and will not be binding or legally effective. 35 36 7. Bid Security 37 38 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 39 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 40 the requirements of Paragraphs 5.01 of the General Conditions. 41 42 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 43 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 44 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 45 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 46 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 47 other Bidders whom City believes to have a reasonable chance of receiving the award 48 will be retained by City until final contract execution. 49 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 1 I 1 8. Contract Times 2 The number of days within which,or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or"or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 19 20 11. Subcontractors, Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts.A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate.The Forms including documentation must be received 29 by the City no later than 2:00 P.M.CST,on the second business days after the bid 30 opening date.The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 45 price item listed therein. In the case of optional alternatives,the words"No Bid," 46 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals,for which the Bidder proposes to do the 48 work contemplated or furnish materials required.All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 11 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 13. Submission of Bids 29 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 30 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 31 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 32 envelope,marked with the City Project Number,Project title,the name and address of 33 Bidder,and accompanied by the Bid security and other required documents. The Bid 34 Submittal Checklist included at the end of this section shall be included as part of the 35 bid submission. If the Bid is sent through the mail or other delivery system,the sealed 36 envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on 37 the face of it. 38 39 14. Modification and Withdrawal of Bids 40 41 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 42 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 43 must be made in writing by an appropriate document duly executed in the manner 44 that a Bid must be executed and delivered to the place where Bids are to be submitted 45 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 46 are opened and publicly read aloud,the Bids for which a withdrawal request has been 47 properly filed may,at the option of the City,be returned unopened. 48 49 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 50 time set for the closing of Bid receipt. 51 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 11 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract, Bidder has performed a prior contract in an unsatisfactory manner,or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers,and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organization,work of a value not less than 50 35%of the value embraced on the Contract,unless otherwise approved by the City. 51 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of I I 1 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 2 responsive Bidder whose evaluation by City indicates that the award will be in the 3 best interests of the City. 4 5 17.6. A contract is not awarded until formal City Council authorization. If the Contract is 6 to be awarded,City will award the Contract within 90 days after the day of the Bid 7 opening unless extended in writing. No other act of City or others will constitute 8 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 9 the City. 10 11 17.7. Failure or refusal to comply with the requirements may result in rejection of Bid. 12 13 18. Signing of Agreement 14 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 15 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 16 Contractor shall sign and deliver the required number of counterparts of the Agreement to 17 City with the required Bonds,Certificates of Insurance,and all other required documentation. 18 City shall thereafter deliver one fully signed counterpart to Contractor. 19 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 21,2015 02552 0021 13-11 INSTRUCTIONS TO BIDDERS Page 11 of I I 1 BID SUBMITTAL CHECKLIST 2 NO. ITEM SECTION ACKN'D I Qualifications of Bidders per Instructions to Bidders 0021 13 TxDOT Prequalified) f 2 Non-Collusion Statement Division 02 7 3 Conflict of Interest Questionnaire 0035 13 el;� 4 Signed Bid Proposal 00 41 00 l3 5 Addendum Acknowledgement 00 41 00 x{,17 6 State of Texas Child Support Business Ownership Form Division 02 Z7 7 Disclosure of Lobbying Activities Division 02 ,? 8 Bid Security Included 0043 13 /1 3 4 NOTE: 5 THIS CHECKLIST SHALL BE INCLUDED AS PART OF THE BID SUBMISSION. 6 7 END OF SECTION CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172.06-092 Revised August 21,2015 02552 003513 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf ❑ CIQ Form does not apply El CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Bean Electrical, Inc By: Roy E Bean 821 E Enon Signature: Everman, Texas 76140 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH 1 23 2018 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: Wilbarger Street&Miller Avenue Pedestrian, Signal, &Lighting Improvements City Project No.: 2552 CSJ: 0172-06-092 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH 1 23 2018 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. Roadway and Pedestrian Lighting b. Concrete Paving c. Asphalt Paving 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 128 working days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. DBE Forms(optional at time of bid) e. Prequalification Statement, Section 00 45 12 f. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary g. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1 Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid $1,135,497.95 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ALH 123 2018 0041 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is ed 02/15/2018 by the entity named below. Respectfull noAed, Receipt is acknowledged of the Initial following Addenda: f _ By: Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: Roy E Bean II jAddendum No.4: (Printed Name) Title: President Company: Bean Electrical, Inc Corporate Seal: Address: 821 E Enon Everman,Texas 76140 State of Incorporation: Texas Email: cbean c()beanelectrical.com Phone: 817 561 7400 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook ALH 1 23 2018 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 100 PREPARING ROW 6002 STA 15.00 $1,250.00 $18,750.00 104 REMOVING CONC PA 6001 SY 71.00 $36.00 $2,556.00 104 REMOVING CONC CURB AND GUTTER 6022 LF 610.00 $20.00 $112,200.00 104 REMOVING CONC WHEELCHAIR RAMP 6032 SY 3.00 $125.00 $375.00 104 REMOVING CONC SIDEWALK OR RAMP 6036 SY 185.00 $54.00 $9,990.00 105 REMOVING STAB BASE&ASPH PAV T-10" 6015 SY 211.00 $38.40 $8,102.40 110 EXCAVATION(ROADWAY) 6001 CY 550.00 $56.40 $31,020.00 161 COMPOST MANUF TOPSOIL 4" 6017 SY 1400.00 $12.00 $16,800.00 162 BLOCK SODDING 6002 SY 1400.00 $10.15 $14,210.00 341 D-GR HMA TY-B PG64-22 6008 TON 72.00 $165.00 $11,880.00 341 D-GR HMA TY-D PG70-22 6043 TON 19.00 $165.00 $3,135.00 416 DRILL SHAFT 24 IN 6002 LF 110.00 $175.00 $19,250.00 416 DRILL SHAFT 48 IN 6006 LF 44.00 $555.00 $24,420.00 500 MOBILIZATION 2001 LS 1.00 $55,484.00 $55,484.00 502 BARRICADES,SIGNS AND TRAFFIC HANDLING 2001 MO 6.00 $3,450.00 $20,700.00 506 TEMP SEDMT CONT FENCE INSTALL 6038 LF 1525.00 $8.00 $12,200.00 506 TEMP SEDMT CONT FENCE REMOVE 6039 LF 1525.00 $2.00 $3,050.00 506 BIODEG EROSN CONT LOGS INSTL 18" 6042 LF 1525.00 $8.00 $12,200.00 506 BIODEG EROSN CONT LOGS REMOVE 6043 LF 1525.00 $2.00 $3,050.00 528 COLORED TEXTURED CONC 4" 6001 SY 150.00 $150.00 $22,500.00 529 CONC CURB&GUTTER TY II 6008 LF 460.00 $38.50 $17,710.00 531 CONC SIDEWALKS 4" 6001 SY 1450.00 $84.00 $121,800.00 531 CURB RAMPS TY 1 6004 EA 5.00 $1,988.00 $9,940.00 531 CURB RAMPS TY 3 6006 EA 4.00 $1,950.00 $7,800.00 531 CURB RAMPS 6 6009 EA 1.001 $2,100.00 $2,100.00 531 CURB RAMPS TY 7 6010 EA 10.001 $1,890.00 $18,900.00 531 CURB RAMPS TY 21 6016 EA 5.00 $1,920.00 $9,600.00 531 CURB RAMPS TY 22 6017 EA 2.00 $5,160.00 $10,320.00 610 REMOVE RD IL ASM SHOE-BASE 6007 EA 1.00 $1,100.00 $1,100.00 618 CONDT PVC)(SCH 80 2" 6046 LF 1840.00 $10.00 $18,400.00 618 CONDT PVC)(SCH 80 2" BORE 6047 LF 501.00 $16.00 $8,016.00 618 CONDT PVC)(SCH 80 3" 6053 LF 235.00 $12.00 $2,820.00 618 CONDT PVC)(SCH 80 Y BORE 6054 LF 475.00 $20.00 $9,500.00 620 ELEC CONDR(NO.8)BARE 6007 LF 700.00 $1.45 $1,015.00 620 ELEC CONDR(NO.6)BARE 6009 LF 155.00 $1.70 $263.50 620 ELEC CONDR(NO.6)INSULATED 6010 LF 310.00 $1.70 $527.00 624 GROUND BOX TY B 122322 W/APRON 6004 EA 11.00 $850.00 $9,350.00 624 GROUND BOX TY D 162922)W/APRON 6010 EA 8.00 $950.00 $7,600.00 628 2605.011 Furnish/Install Elec Sery Pedestal 6185 EA 1.00 $6,500.00 $6,500.00 628 ELC SRV TY D 120/240 1OO(NS)SS(N)PS(U) 6249 EA 1.00 $6,500.00 $6,500.00 636 ALUMINUM SIGNS TY A 6001 SF 107.00 $37.00 $3,959.00 644 IN SM RD SN SUP&AM TYIOBWG 1 SA T 6004 EA 12.00 $985.00 $11,820.00 644 IN SM RD SN SUP&AM TYIOBWG 1 SA U 6007 EA 2.00 $1,020.00 $2,040.00 644 REMOVE SM RD SN SUP&AM 6076 EA 12.00 $150.00 $1,800.00 650 INS OH SN SUP 150 FT BRDG CIRC TUBE 6160 EA 1.00 $228,929.00 $228,929.00 666 REFL PAV MRK TY I W 4" BRK 1 OOMIL 6003 LF 1600.00 $1.85 $2,960.00 666 REFL PAV MRK TY I W 8" SLD 100MIL 6036 LF 264.00 $6.00 $1,584.00 666 REFL PAV MRK TY I W 24" SLD 100MIL 6048 LF 1056.00 $12.00 $12,672.00 666 REFL PAV MRK TY I W ARRO 100MIL 6054 1 EA 1 6.00 $210.00 $1,260.00 666 REFL PAV MRK TY I WORD 100MIL 6078 EA1 4.00 $300.00 $1,200.130 666 REFL PAV MRK TY II 4" BR 6167 1 LF 1 1600.001 $1.85 $2,960.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook ALH 123 2018 00 42 43 Bm PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 666 REFL PAV MRK TY II 8" SLD 6178 LF 264.00 $6.00 $1,584.00, 666 REFL PAV MRK TY II 24" SLD 6182 LF 1056.00 $12.00 $12,672.00 666 REFL PAV MRK TY II(W(ARROM 6184 EA 6.00 $210.00 $1,260.00 666 REFL PAV MRK TY II WORD 6192 EA 4.00 $300.00 $1,200.00 672 REFL PAV MRKR TY I-C 6007 EA 20.00 $16.00 $320.00 672 REFL PAV MRKR TY 11-C-R 6010 EA 20.00 $16.00 $320.00 677 ELIM EXT PAV MRK&MRKS 4" 6001 LF 1580.00 $2.50 $3,950.00. 677 ELIM EXT PAV MRK&MRKS 24" 6007 LF 334.00 $4.70 $1,569.80 677 ELIM EXT PAV MRK&MRKS ARROW 6008 EA 4.00 $70.00 $280.00 677 ELIM FACT PAV MRK&MRKS WORD 6012 EA 2.00 $75.00 $150.00 680 INSTALL HWY TRF SIG ISOLATED 6002 EA 1.00 $48,100.00 $48,100.00 682 VEH SIG SEC 12"LED GRN 6001 EA 12.00 $300.00 $3,600.00 682 VEH SIG SEC 12"LED GRN ARW 6002 EA 4.00 $300.00 $1,200.00. 682 VEH SIG SEC 12"LED YEL 6003 EA 12.00 $300.00 $3,600.00 682 VEH SIG SEC 12" LED(YEL AR 6004 EA 8.00 $300.00 $2,400.00 682 VEH SIG SEC 12"LED RED 6005 EA 12.00 $300.00 $3,600.00 682 VEH SIG SEC 12" LED RED AR 6006 EA 4.00 $300.00 $1,200.00 682 PED SIG SEC LED COUNTDOWN 6018 EA 8.00 $750.00 $6,000.00 682 BACK PLATE(12")(3 SEC(VENTED)ALUM 6035 EA 12.00 $100.00 $1,200.0 682 BACK PLATE(12")(4 SEC ENTED ALUM 6036 EA 4.00 $110.00 $440.00 684 TRF SIG CBL TY A)(1 4 AWG 3 CONDR 6029 LF 1365.00 $1.15 $1,569.75 684 TRF SIG CBL TY A)(1 4 AWG 4 CONDR 6030 LF 1050.00 $1.35 $1,417.50 684 TRF SIG CBL TY A)(1 4 AWG 5 CONDR 6031 LF 600.00 $1.60 $960.CC 684 TRF SIG CBL(TY A)(1 4 AWG 7 CONDR 6033 LF 365.00 $1.80 $657.00 684 TRF SIG CBL TY A)(14 AWG 10 CONDR 6036 LF 355.00 $2.20 $781.00 684 TRF SIG CBL TY A)(14 AWG 20 CONDR 6046 LF 630.00 $4.70 $2,961.00 687 PED POLE ASSEMBLY 6001 EA 8.00 $2,000.00 $16,000.00 688 PED DETECT PUSH BUTTON APS 6001 EA 8.00 $1,575.00 $12,600.00 690 REMOVE TRAFFIC SIGNAL 6100 EA 1.00 $8 000.00 $8,000.00. 6058 BBU SYSTEM EXTERNAL BATT CABINET 6001 EA 1.00 7,950.00 $7,950.00 7012 CURB INLET SEDIMENT PROTECTION 6001 LF 45.001 14.00 $630.00 9996 Furnish/Install Hybrid Detection System 6001 APR 4.00 7 850.00 $31,400.00 9996 Furnish/Install Hybrid Detection Cable 6002 LF 950.00 3.00 $2,850.00 9999 FURNISH/INSTALL CITY HALL POLE AND LUMINAIRE 15' 6001 EA 7.00 3,350.00 $23,450.00 9999 FURNISH/INSTALL BERRY POLE AND LUMINAIRE 24' 6002 EA 15.00 5,350.00, $80,250.00 9999 13441.3404 2-2-2-4 Quad lex Alum Elec Conductor 6003 1 LF 2186.00 3.001 $6,558.00 Total Bid 1 $1,135,497.95 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13-Bid Proposal Workbook ALH 123 2018 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we, Bean L_un ica,Inc. known as "Bidder'110eln and_..- w w- It r=. I r'.: %'!.0.:-r.-'C:on,;:.:,1-: a corporate surety duly authorized to do business in the State of Texas,known as'Surety'herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as'City'herein,in the penal sum of five percent(5%)of Bidder's maximum bid price,in lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Wilbarger Street&Miller Avenue Pedestrian,Signal,&Lighting Improvements 2552 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal,and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same,then this obligation shall be and become null and void. If, however,the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract,this bond shall become the property of the City,without recourse of the Principal and/or Surety, not to exceed the penalty hereof,and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15th day of February 2018. PRINCIPAL: Bean ctrl Inc. BY: S.ignat re ATTEST: - Witness as to Principal ' / Name and Title Address: 821 E Enon Fort Worth.TX 76140 SURETY: SureTec Insurance Company i BY: Signature Mistie Beds,Attomey-in-Fad Name and Title Address: 2255 Ridge Road,Suite 333 ` Rockwall.TX 75087 Witne as to Surety Muni Rabah Telephone Number: 972.772-7220 Bond Account Manager Attach Power of Attorney(Surety)for Attorney-in-Fact SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 06042015 1 POA 9: 4221049 SureTec Insurance Company LEMTED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Tony Fierro,Jay Jordan,Johnny Moss,Steven W.Searcey,Robert J.Shuya, Mistie Beck, Jeremy Barnett, Robert G.Kanuth,Jade Porter,Jennifer Cisneros,Jarrett Willson,Jack Nottingham its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12r3tn018 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is " hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full.power and authority for and in the name of and of behalf of the Compapy,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20 of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this lztn day of October,A.D. 2017 . SURETEC T!2E ANY 0?5 XA y�•`o g y: w �2 John Knoa ., resi nt State of Texas ss: 9J, y 1 ; County of Harris ............ w On this 12th day of October,A.D.2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. vn��•, XENIA CHAVEZ �*A•-.e :Notary Public,State of Texas Comm.Expires 08-t0-2020 Notary ID 129117659 X to avez;Notary Public y commission expires September 10,2020 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston,Texas thisda of u A 1W A.D. .-A i B nt Be ,Assistant Se etary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 5:00 pm CST. 'Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. 004511 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids. For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation, LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 0045 11 -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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS1: 0172-06-092 Revised July 1,2011 02552 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s)listed. 7 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Roadway and Pedestrian Bean Electrical, Inc 3/12/2019 Lighting Concrete Paving Fain Group 8/1/2019 Asphalt Paving JLB Contracting 1/1/2019 8 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed. 12 13 BIDDER: 14 15 Bean Electrical, Inc By: Roy E B n I 16 Company ease P1' 17 18 821 E Enon Signature: _ 19 Address 20 21 Everman, Texas 76140 Title: President 22 City/State/Zip (Please Print) 23 24 Date: 2/15/2018 25 26 END OF SECTION 27 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 004526-1 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.02552. 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 11 Bean Electric,Inc By: Epoy E Be Z14 12 Company (Pl a Prin 13 14 821 E Enon Signature: 15 Address 16 17 Everman,Texas 76140 Title:President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 B FORE ME,the undersigned authority,on this day personally appeared 26 C gevtyi I I ,known to me to be the person whose name is 27 subsefibed to the foregoing instrument,and knowledged to me that he/she executed the same as 28 the act and deed ofg e RG't ,Cg t✓\C - for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 r day of 32 u qq- ,2018. 33 34 35 �^'�"' ►.a ��,. �,,� y JOSEPHINE ANN AYALA 36 =�: ,-,Notary Public,state of Texas Notary Public 1 and for the State of Texas t'= 37 =�• ' Comm.Expires 02-07-2021 ''�i of,►►►�` Notary ID 130887849 38 OF SECTION 39 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 FORT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$50,000 or more,then a DBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$50,000 or more where a DBE subcontracting goal is applied, bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal through DBE subcontracting participation,or 2. Meet or exceed the above stated DBE goal through DBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m.,on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. statedgoal: _ 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid openinq_date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m.,on the second City business day exceeded: after the bid opening date, exclusive of the bid opening date. FAILURE. TO COMPLY WITH THE CITY'S DBE PROGRAM, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED DBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the M/WBE Office at(817)212-2674. 00 52 43-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �D S is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"),and Bean Electrical, Inc , 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 ("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 02552—Wilbarger Street& Miller Avenue Pedestrian, Signal, & Lighting Improvements 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount, in current funds,of One Million One Hundred Thirty-Five Thousand Four 20 Hundred Ninety-Seven and 95/100 Dollars($1,135,497.95). 21 Article 4. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 128 working days after the date 24 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General 25 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 26 General Conditions. 27 4.2 Liquidated Damages 28 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 29 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 30 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 31 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 32 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 33 instead of requiring any such proof, Contractor agrees that as liquidated damages for 34 delay (but not as a penalty), Contractor shall pay City One thousand two hundred fifty 35 Dollars ($1,250.00) for each day that expires after the time specified in Paragraph 4.1 for 36 Final Acceptance until the City issues the Final Letter of Acceptance. 37 Article 5. CONTRACT DOCUMENTS 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and 40 Contractor concerning the Work consist of the following: CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0172-06-092 Revised 11.15.17 02552 005243-2 Agreement Page 2 of 5 41 1. This Agreement. 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project speciflc) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Utilization Form 56 3. General Conditions. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment 59 or, if not attached, as incorporated by reference and described in the Table of 60 Contents of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued, become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 Article 6. INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of,or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whole or in part, by any act, omission or negligence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs,expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS]:0172-06-092 Revised 11.15.17 02552 005243-3 Agreement Page 3 of 5 83 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 84 the city,its officers,servants and employees,from and against any and all loss,damage 85 or destruction of property of the city,arising out of,or alleged to arise out of,the work 86 and services to be performed by the contractor, its officers, agents, employees, 87 subcontractors, licensees or invitees under this contract. This indemnification 88 provision is specifically intended to operate and be effective even if it is alleged or 89 proven that all or some of the damages being sought were caused, in whole or in part, 90 by any act,omission or negligence of the city. 91 92 Article 7. MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 95 have the meanings indicated in the General Conditions. 96 7.2 Assignment of Contract. 97 This Agreement, including all of the Contract Documents may not be assigned by the 98 Contractor without the advanced express written consent of the City. 99 7.3 Successors and Assigns. 100 City and Contractor each binds itself, its partners, successors, assigns and legal 101 representatives to the other party hereto, in respect to all covenants, agreements and 102 obligations contained in the Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or 105 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 106 remaining provisions shall continue to be valid and binding upon CITY and 107 CONTRACTOR. 108 7.5 Governing Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of 110 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the III Northern District of Texas, Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 114 than the duly authorized signatory of the Contractor. 115 116 7.7 Prohibition On Contracts With Companies Boycotting Israel. 117 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 118 Code, the City is prohibited from entering into a contract with a company for goods or 119 services unless the contract contains a written verification from the company that it: (1) 120 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSk 0172-06-092 Revised 11.15.17 02552 005243-4 Agreement Page 4 of 5 121 The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms 122 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 123 certifies that Contractor's signature provides written verification to the City that 124 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of 125 the contract. 126 127 7.8 Immigration Nationality Act. 128 Contractor shall verify the identity and employment eligibility of its employees who 129 perform work under this Agreement, including completing the Employment Eligibility 130 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 131 all I-9 forms and supporting eligibility documentation for each employee who performs 132 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 133 establish appropriate procedures and controls so that no services will be performed by any 134 Contractor employee who is not legally eligible to perform such services. 135 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 136 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 137 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 138 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 139 Contractor, shall have the right to immediately terminate this Agreement for violations of 140 this provision by Contractor. 141 142 7.9 No Third-Party Beneficiaries. 143 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 144 and there are no third-party beneficiaries. 145 146 7.10 No Cause of Action Against Engineer. 147 Contractor,its subcontractors and equipment and materials suppliers on the PROJECT or their 148 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 149 subcontractors, for any claim arising out of, in connection with, or resulting from the 150 engineering services performed. Only the City will be the beneficiary of any undertaking by 151 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 152 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 153 in any way responsible for those duties that belong to the City and/or the City's construction 154 contractors or other entities, and do not relieve the construction contractors or any other 155 entity of their obligations, duties, and responsibilities, including, but not limited to, all 156 construction methods, means, techniques, sequences, and procedures necessary for 157 coordinating and completing all portions of the construction work in accordance with the 158 Contract Documents and any health or safety precautions required by such construction 159 work. The Engineer and its personnel have no authority to exercise any control over any 160 construction contractor or other entity or their employees in connection with their work or 161 any health or safety precautions. 162 163 SIGNATURE PAGE TO FOLLOW 164 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0172-06-092 Revised 11.15.17 02552 005243-5 Agreement Page 5 of 5 165 166 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 167 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 168 Date"). 169 Contractor: Be lectric I, Inc. City of Fort Worth By:. � Susan Alanis By: Assistant City Manager (Signature) Date Roy E Bean lI /I Attest: t x- (Printed Name) City Se �.�-Q R JT Title: President (Seal) A.. Address: 821 E Enon V' Date: L t.� 2 0% Form 1295 No. 2018-336186P`� City/State/Zip: Everman, Texas 76140 Contract Compliance Manager: 6 Z' By signing, I acknowledge that I am the person responsible for the monitoring and Date administration of this contract,including ensuring all performance and reporting requireme ts. i ma J.Smith,Pk Project Manag r A roved Form and Legality: Douglas . lack Assistant City Attorney 170 171 ROVAL RECOMMENDED: 172 EOFFICIAL RECORD . 173 174 SECRETARY Doug W. Wiersig,P.E. 175 V�o lt.r¢� DIRECTOR, 176 S 'I`X Transportation and Public Works 177 - CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0172-06-092 Revised 11.15.17 02552 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042015 0061 13-1 PERFORMANCE BOND Page I of 2 I SECTION 00 6113 2 PERFORMANCE BOND #4418349 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,Bean Electrical. Inc. ,known as 9 "Principal"herein and SureTec Insurance Compal,a corporate surety(sureties, if more 10 than one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether I I one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation 12 created pursuant to the laws of Texas, known as"City"herein,in the penal sum of,One Million 13 One Hundred Thirty-Five Thousand Four Hundred Ninety-Seven and 95/100 Dollars 14 ($1.135.497.95), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves,our heirs, 16 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the Sk day of 20 it ,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law,in the prosecution of the Work,including any Change 21 Orders,as provided for in said Contract designated as Wilbarger Street& Miller Avenue 22 Pedestrian,Signal,& Lighting Improvements,(City of Ft.Worth Project No.02552). 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 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 day of 6 c_ ,20 s 7 PRINCIPAL: 8 — 9 Bean Ele nc 10 11 12 BY: 13 i- sigKiture - - 14 AT ST: --_ - 15 ' 16 Rgy E Bean 11,President 17 (Principal) ecretary Name and Title 18 19 Address:821 E Enon 20 Everman.Texas 76140 21 Jj 22 23 Witness as to Princpal 24 SURETY: 25 S�PTSC_ 17 26 27 28 29 ignature 30 31 32 Johnny Moss,Attorney-in-Fact 33 Name and Title 34 35 Address: 2255 Ridge Rd.,Ste. 333 36 Rockwall,TX 75087 37 Of L �G� ►' 1 - _ 38 aaa 39 Witness as to Surety Telephone Number: 972-772-7220 40 Grant Edmondson,Account Manager 41 42 43 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 44 from the by-laws showing that this person has authority to sign such obligation. If Surety's 45 physical address is different from its mailing address, both must be provided. The date of the 46 bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 0061 14-1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND #4418349 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Bean Electrical.Inc. ,known as 8 "Principal'herein,and SureTec Insurance Company ,a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of One Million One Hundred Thirty-Five Thousand Four Hundred Ninety-Seven and 13 95/100 Dollars ($1.135,497.95), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City,awarded the 18 day of "�1� , 20 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials,equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Wilbarger Street & Miller Avenue Pedestrian, Signal, & 22 Lighting Improvements,(City of Ft.Worth Project No.02552). 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 006114-2 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 st day of 3 �y�e ,20 . 4 PRINCIPAL: Bean Electri - ATTEST: BY: „ - - ature V — Rov E Bean 11.President (Principal)S retary Name and Title Address: 821 E Enon Everman.Texas 76140 Witness as to Principal SURETY: SureTec Inskrance Clomalay ATTEST: BY: Zhnnv ture _ N/A j Moss,Attorney-in-Fact (Surety)Secretary Name and Title - = Address: 2255 Ridge Rd.,Ste. 333 Rockwall,TX 75087 La Witness as to Surety Grant Edmondson,Account Manager Telephone Number: 972-772-7220 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 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 0061 19-1 WARRANTY BOND Page 1 of 5 1 SECTION 00 6119 2 WARRANTY BOND #4418349 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OFTARRANT § 7 8 That we Beal Electrical, Inc. ,known as 9 "Principal'herein and SureTec Insurance Company ,a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas,known as I I "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 13 in the sum of One Million One Hundred Thirty-Five Thousand Four Hundred Ninety-Seven and 14 95/100 Dollars($1,135,497,95),lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 (remainder of this page intentionally left blank) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 0061 19.2 WARRANTY BOND Page 2 of 5 I WHEREAS,the Principal has entered into a certain written contract with the City awarded 2 the.5 day of �vh� ,20tg,which Contract is hereby 3 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 4 materials,equipment labor and other accessories as defined by law,in the prosecution of work 5 consisting of the following TxDOT spec items: 1616017 COMPOST MANUF TOPSOIL(4"), 6 162 6002 BLOCK SODDING,3416008 D-GR HMA TY-13 PG64-22,341 6043 D-GR HMA 7 TY-D PG70-22,416 6002 DRILL SHAFT(24 IN) ,416 6006 DRILL SHAFT(48 IN),528 6001 8 COLORED TEXTURED CONC(4"),529 6008 CONC CURB &GUTTER(TY II),531 6001 9 CONC SIDEWALKS(4"),531 6004 CURB RAMPS (TY 1), 531 6006 CURB RAMPS(TY 3), 10 531 6009 CURB RAMPS(TY 6),531 6010 CURB RAMPS(TY 7), 531 6016 CURB RAMPS 11 (TY 21),531 6017 CURB RAMPS(TY 22),618 6046 CONDT(PVC)(SCH 80)(2"),618 6047 12 CONDT(PVC)(SCH 80)(2")(BORE),618 6053 CONDT(PVC)(SCH 80)(3,-),618 6054 13 CONDT(PVC)(SCH 80)(3")(BORE),620 6007 ELEC CONDR(NO.8)BARE,620 6009 14 ELEC CONDR(NO.6) BARE,620 6010 ELEC CONDR(NO.6) INSULATED,624 6004 15 GROUND BOX TY B (122322)W/APRON,624 6010 GROUND BOX TY D 16 (162922)W/APRON,628 6185 2605.011 Furnish/Install Elec Sery Pedestal,628 6249 ELC SRV 17 TY D 120/240 100(NS)SS(N)PS(U),636 6001 ALUMINUM SIGNS(TY A),644 6004 IN SM 18 RD SN SUP&AM TYIOBWG(1)SA(T),644 6007 IN SM RD SN SUP&AM 19 TYIOBWG(I)SA(U),650 6160 INS OH SN SUP(150 FT BRDG)(CIRC TUBE),666 6003 20 REFL PAV MRK TY I(W)4"(BRK)(IOOMIL),666 6036 REFL PAV MRK TY I (W)8"(SLD) 21 (IOOMIL),666 6048 REFL PAV MRK TY 1 (W)24" (SLD)(IOOMIL),666 6054 REFL PAV 22 MRK TY I (W)(ARROW)(100MIL),666 6078 REFL PAV MRK TY I(W)(WORD) 23 (100MIL),666 6167 REFL PAV MRK TY 11(W)4"(BRK),666 6178 REFL PAV MRK TY II 24 (W)8"(SLD),666 6182 REFL PAV MRK TY II (W)24"(SLD),666 6184 REFL PAV MRK 25 TY 11 (W)(ARROW),666 6192 REFL PAV MRK TY 11 (W)(WORD),672 6007 REFL PAV 26 MRKR TY I-C,672 6010 REFL PAV MRKR TY 11-C-R, 680 6002 INSTALL HWY TRF SIG 27 (ISOLATED),682 6001 VEH SIG SEC(12")LED(GRN),682 6002 VEH SIG SEC 28 (12")LED(GRN ARW),682 6003 VEH SIG SEC(12")LED(YEL),682 6004 VEH SIG SEC 29 (12")LED(YEL ARW),682 6005 VEH SIG SEC(12")LED(RED),682 6006 VEH SIG SEC 30 (12") LED(RED ARW),682 6018 PED SIG SEC(LED)(COUNTDOWN), 682 6035 BACK 31 PLATE(12")(3 SEC)(VENTED)ALUM,682 6036 BACK PLATE(12")(4 32 SEC)(VENTED)ALUM,684 6029 TRF SIG CBL(TY A)(14 AWG)(3 CONDR),684 6030 TRF 33 SIG CBL(TY A)(14 AWG)(4 CONDR),684 6031 TRF SIG CBL,(TY A)(14 AWG)(5 CITY OF FORT WORTI4 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06.092 Revised July I,2011 02552 006119-3 WARRANTY BOND Page 3 of I CONDR),684 6033 TRF SIG CBL(TY A)(14 AWG)(7 CONDR),684 6036 TRF SIG CBL(TY 2 A)(14 AWG)(10 CONDR),684 6046 TRF SIG CBL(TY A)(14 AWGX20 CONDR),687 6001 3 PED POLE ASSEMBLY,688 6001 PED DETECT PUSH BUTTON(APS),6058 6001 BBU 4 SYSTEM(EXTERNAL BATT CABINET), 9996 6001 Furnish/Install Hybrid Detection 5 System,9996 6002 Furnish/Install Hybrid Detection Cable,9999 6001 FURNISH/INSTALL 6 CITY HALL POLE AND LUMINAIRE(15%9999 6002 FURNISH/INSTALL BERRY POLE 7 AND LUMINAIRE(24%9999 6003 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 8 including any work resulting from a duly authorized Change Order(collectively herein,the 9 "Work")as provided for in said contract and designated as Wilbarger St.&Miller Ave. 10 Intersection Improvements,City Project Number 02552;and II 12 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 13 accordance with the plans,specifications and Contract Documents that the Work is and will 14 remain free from defects in materials or workmanship for and during the period of two(2)years 15 after the date of Final Acceptance of the Work by the City("Warranty Period");and 16 17 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 18 upon receiving notice from the City of the need therefor at any time within the Warranty Period. 19 20 NOW THEREFORE,the condition of this obligation is such that if Principal shall 21 remedy any defective Work, for which timely notice was provided by City,to a completion 22 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 23 full force and effect. 24 25 PROVIDED,HOWEVER, if Principal shal I fail so to repair or reconstruct any timely 26 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 27 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 28 the Surety under this Warranty bond;and 29 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 32 Worth Division;and 33 CITY OF FORT WORTH Wilbarger St.do Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0172-06-092 Revised July 1,2011 02552 0061 19-4 WARRANTY BOND Page 4 of 5 1 PROVIDED FURTHER,that this obligation shall be continuous in nature and 2 successive recoveries may be had hereon for successive breaches. 3 4 (remainder of this page intentionally left blank) 5 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 0061 19-5 WARRANTY BOND Page 5 of 5 I 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 J � day of 3 , „� ,20 4 5 PRINCIPAL: 6 Bean Electr' al I 7 8 9 10 BY: 11 ign ture 12 AT EST: 13 ` 14 go E Bean If.President 15 (Principal)Sec tary Name and Title 16 17 Address:821 E Enon 18 Everman.Texas 76140 19 20 21 Witness as to Principal 22 SURETY: 23 uren 24 25 + 26 BY: 27 Si natur 28 29 Johnny Moss,Attorney-in-Faa- 30 ATTEST: Name and Title 31 32 N/A Address. 2255 Ridge Rd.,Ste. 333 33 (Surety)Secretary Rockwall,TX 75087 34 35 LAa 36 Witness as to Surety Telephone Number: 972-772-7220 37 Grant Edmondson,Account Manager 38 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ; 0172-06-091 Revised July 1,2011 02552 POA#: 4221049 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Tony Fierro,Jay Jordan,Johnny Moss, Steven W.Searcey, Robert J. Shuya,Mistie Beck, Jeremy Barnett, Robert G. Kanuth,Jade Porter,Jennifer Cisneros,Jarrett Willson,Jack Nottingham its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/311218 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 12th day of October,A.D. 2017 . W SURETEC E ANY yvRANCF *%4 By: W W i a= John Knox .,I.resi n State of Texas ss: County of Harris h .• I On this 12th day of October,A.D.2017 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. �. XENIA CHAVEZ Pis ,, Notary Public,State of Texas Comm.Expires 09-10-2020 of `.. ,,,,,�� Notary ID 129111 29117659 XWavez,Notary Public 1-154y commission expires September 10,2020 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and finthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect Given under my hand and the seal of said Company at Houston, Texas this P.B/nt of �U+o A.D. Be ,AssistantTSeet�ry r Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 'eco®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYI'YY) 6/11/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Natasha Felts NAME: X&S Insurance Agency PHONE (9']2)7727256AIC No:(972)771-4695 2255 Ridge Road, Ste. 333 E-MAIL ADDRESS:nfelts®kandsine.com P. O. BOX 277 INSURERS AFFORDING COVERAGE MAIC# Rockwall TX 75087 INSURERA:National Trust Insurance Co. 20141 INSURED INSURERB:FCCI Insurance Co. 10178 Bean Electrical, Inc INSURERC:Texas Mutual Insurance Co. 22945 P.O. Box 40016 INSURER D:S tarS tone National Ins. Co. 25496 INSURER E: Fort Worth TX 76140 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�7R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS POLICY NUMBER MM/ DIYYYY MM/ D/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE OCCUR PREMISES Eaoccu encs $DAMAGE TO RENTED 100,000 CPP0024353 6/15/2018 6/15/2019 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYJE LOC a PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY IN IN L LIMI $ 1,000,000 Ea accident _ B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CA100014717 6/15/2016 6/15/2019 BODILY INJURY(Per accident) $ HIRED AUTOSAUTOS AUTOS NON-0NMED PROPERTY DAMAGE $ AUTOS Per accident L I PIP-Basic $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE UMB100014718 6/15/2018 6/15/2019 AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION XTH- AND EMPLOYERS'LIABILITY Y/N PTATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ 11000,000 C OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 0001239146 6/15/2018 6/15/2019 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 3_000,000 A Contractor's Equipment CPP0024353 6/15/2018 6/15/2019 Leased/Rented Equipment $200,000 D Excess Liability I 7107OP183ALI 6/15/2018 6/15/2019 Each Occurrence/Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( 101,Additional Remarks Schedule,may be attached H more space is required) Project: #CO2552 Wilabarger Street & Miller Avenue Pedestrian, Signal & Lighting Improvements. See Attached for Additional Information. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 200 Texas Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Johnny Moss/FELTS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS Additional Insured Form 4CGL084 10/13 Applies to the General Liability Policy. Waiver of Subrogation Form 4CGLO88 10/13 Applies to the General Liability Policy. Primary & Non-Contributory Form 4CGL025 11/08 Applies to the General Liability Policy. Additional Insured and Waiver of Subrogation Form #CAU058 01/15 Applies to the Business Auto Policy. Primary & Non-Contributory Form #CAU042 01/15 Applies to the Business Auto Policy. Waiver of Subrogation Form #WC420304B Applies to the Workers' Compensation Policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY CGL 084(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the"coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s)or organization(s)is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work"performed for the additional insured and included in the"products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an 'occurrence"or an offense which may result in a claim or"suit' under this insurance, and of any claim or"suit'that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084(10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084(10 13) Includes copyrighted material of the Insurance Services Offices, Inc.with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. FIRST CHOICE CONTRACTORS LIABILITY ITY ENDORSEMENT TABLE OPCONTENTS DESCRIPTION PAGE AdditionalInsured Coverage....................................................................................................................................1U BailBonds...................................................................................................................................................................g Blanket Waiver ufSubrogation.................................................................................................................................1G Bodily Injury and Property Damage............................................................................................................................1 Care, Custody orControl............................................................................................................................................3 Contractors Errors and Omissions.............................................................................................................................7 Contractual Liability(Personal &Advertioing Injury) .---..--------.--.----.—.----.—.-----2 ElectronicData Liability..............................................................................................................................................1 GeneralLiability Conditions......................................................................................................................................14 IncidentalMalpractice...............................................................................................................................................1O Insured......................................................................................................................................................................1O . Limited Product Withdrawal Expense.........................................................................................................................4 LimitsofInsurance....................................................................................................................................................12 LossofEarnings.......................................................................................................................................................1O � Newly Formed orAcquired Organizations................................................................................................................12 Non-Owned Watercraft...............................................................................................................................................1 Property Damage Liability—Borrowed Equipment.....................................................................................................1 Tenant's Property and Premises Rented ToYou.......................................................................................................Q COMMERCIAL GENERAL LIABILITY CGL 088(10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE:The following are additions,replacements and amendments to the Commercial General Liability Coverage Form,and will apply unless excluded by separate endorsement(s)to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I-COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage"resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2)(a)is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to"property damage"to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for"property damage"to any one borrowed equipment item under this coverage is$25,000 per"occurrence".The insurance afforded under this provision is excess over any other valid and collectible property insurance(including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to,corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property. The most we will pay under Coverage A for"property damage" because of all loss of"electronic data" arising out of any one"occurrence"is $10,000. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) We have no duty to investigate or defend claims or"suits"covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V—DEFINITIONS of the Coverage Form: "Electronic data" means information,facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS,tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. For purposes of this Limited Electronic Data Liability coverage,the definition of"Property Damage"in SECTION V—DEFINITIONS of the Coverage Form is replaced by the following: 17."Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the'occurrence"that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access,or inability to properly manipulate"electronic data", resulting from physical injury to tangible property. All such loss of "electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION 1—COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions—the Contractual Liability Exclusion is deleted. SECTION I—COVERAGES,the following coverages are added: COVERAGE D.VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request,for"property damage"caused by an'occurrence",to property of others caused by you, or while in your possession, arising out of your business operations.The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard' f. Motor vehicles; g. "Your product"arising out of it or any part of it; or h. "Your work"arising out of it or any part of it. 3. Deductible We will not pay for loss in any one'occurrence until the amount of loss exceeds$250.We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional Damage or destruction, but does not cover disappearance,theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage"caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the"property damage"arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage"to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) e. Motor vehicles; f. "Your product"arising out of it or any part of it; or g. "Your work"arising out of it or any part of it. 3. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250.We will then pay the amount of loss in excess of$250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage)available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a"seller", we will reimburse you for"product withdrawal expenses" associated with "your product"incurred because of a "product withdrawal"to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III -LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal"only if the "product withdrawal" is initiated in the "coverage territory"during the policy period because: (1) You determine that the"product withdrawal"is necessary; or (2) An authorized government entity has ordered you to conduct a"product withdrawal'. c. We will reimburse only those"product withdrawal expenses"which are incurred and reported to us within one year of the date the"product withdrawal"was initiated. d. The initiation of a"product withdrawal'will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner,to the general public, your vendors or to your employees (other than those employees directly involved in making the determination)your decision to conduct a"product withdrawal"This applies regardless of whether the determination to conduct a "product withdrawal"is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a"product withdrawal; or CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (3) When a third party has initiated a"product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination)your decision to participate in the"product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw"your products"which contain: (1) The same "defect"will be deemed to have arisen out of the same "product withdrawal": or (2) A different"defect"will be deemed to have arisen out of a separate"product withdrawal"if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to"product withdrawal"expenses" arising out of: a. Any"product withdrawal"initiated due to: (1) The failure of"your products"to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury"or physical damage to tangible property. (2) Copyright, patent,trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of"your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of"your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of"your product". b. A"product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's"executive officers", prior to the inception date of this Coverage Part or prior to the time"your product"leaves your control or possession. c. Recall of any specific products for which "bodily injury" or"property damage"is excluded under Coverage A-Bodily Injury And Property Damage Liability by endorsement. d. Recall of"your products"which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or"suit" against you for"product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F,the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal".To the extent possible, notice should include: CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (a) How,when and where the"defect'was discovered; (b) The names and addresses of any injured persons and witnesses;and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of"your product". (2) If a "product withdrawal'is initiated, you must: (a) Immediately record the specifics of the"product withdrawal'and the date it was initiated; (b) Send us written notice of the"product withdrawal"as soon as practicable; and (c) Not release,consign, ship or distribute by any other method, any product, or like or similar products,with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the"product withdrawal". 4. For the purposes of this Coverage F,the following definitions are added to the Definitions Section: a. "Defect'means a defect,deficiency or inadequacy that creates a dangerous condition. b. "Product tampering"is an act of intentional alteration of"your product"which may cause or has caused "bodily injury"or physical injury to tangible property. When "product tampering"is known, suspected or threatened, a"product withdrawal'will not be limited to those batches of"your product"which are known or suspected to have been tampered with. c. "Product withdrawal'means the recall or withdrawal of"your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect"in "your product",or a known or suspected"product tampering", which has caused or is reasonably expected to cause "bodily injury"or physical injury to tangible property. d. "Product withdrawal expenses"means those reasonable and necessary extra expenses, listed below paid and directly related to a"product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (7) Costs of warehouse or storage space;or (8) Costs of proper disposal of"your products", or products that contain "your products",that cannot be reused, not exceeding your purchase price or your cost to produce the products; but"product withdrawal expenses"does not include costs of the replacement, repair or redesign of"your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller' means a person or organization that manufactures, sells or distributes goods or products. "Seller'does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a"contractor",we will pay those sums that you become legally obligated to pay as damages because of"property damage"to"your product", "your work"or"impaired property", due to faulty workmanship, material or design, or products including consequential loss,to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or"suits"covered by this Contractors Errors or Omissions coverage. This coverage applies only if the"property damage"occurs in the"coverage territory"during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments—Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury'or"personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates orjob costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks,form of insurance or suretyship. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy,or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them;or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage"to property owned by, rented or leased to the insured. In. Any liability incurred or"property damage"which occurs, in whole or in part, before you have completed "your work." "Your work"will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage"to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods,techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage"to property other than "your product,""your work"or"impaired property." m. Any liability arising from claims or"suits"where the right of action against the insured has been relinquished or waived. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) n. Any liability for"property damage"to"your work"if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G,the following definition is added to the Definitions section: a. "Contractor"means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor"does not include a"seller"as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one"occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to"property damage"(other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. SECTION 1 -COVERAGES, SUPPLEMENTARY PAYMENTS—COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS—COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS—COVERAGES A, B, D, E, and G. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to$2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 9 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to$500 a day because of time off from work. SECTION II—WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The"employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50%of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the"bodily injury", "property damage"or"personal and advertising injury"for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 10 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any"occurrence"that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision —Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage" included within the"products-completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to"bodily injury" or"property damage"caused by"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury'or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III—LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary"property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies,the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary"property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all "bodily injury"and "property damage"arising out of any one"occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above,the higher of$10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of"bodily injury' sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D.Voluntary Property Damage for loss arising out of any one"occurrence"is$1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above,the most we will pay under Coverage E. Care, Custody or Control for "property damage"arising out of any one"occurrence" is$1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is$5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for"product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of"your products"withdrawn is $10,000. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or"suits" brought, or persons or organizations making claim or bringing"suits"is$10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you;or b. Each "location"owned by or rented to you. "Location"as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement;or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence"or an offense which may result in a claim.This requirement applies only when the"occurrence"or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer"or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 14 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee")or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the'occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the`occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An"executive officer"or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials,trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence"to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an 'occurrence"to us at the time of the 'occurrence"shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this"occurrence"to us as soon as you become aware that this "occurrence"may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 15 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088(10 13) Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe'or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However,this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work"included in the"products-completed operations hazard"under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy,and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 16 of 16 Copyright 2013 FCCI insurance Group COMMERCIAL GENERAL LIABILITY CGL 025(11 08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS - PRIMARYMON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to SECTION IV—Commercial General Liability Conditions, Paragraph 4, entitled"Other Insurance", subsection b. entitled"Excess Insurance", paragraph (1): This insurance is excess over: (v) Any other insurance naming an additional insured as an insured on a primary basis, excess, contingent or on any other basis unless a written contract specifically requires that this insurance be primary and noncontributing. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the"bodily injury", "property damage"or"personal and advertising injury," CGL 025(11 08) Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 1 Copyright 2008 FCCI Insurance Group. AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage.......................................................................................................................................................3 Auto Loan/Lease Gap Coverage..............................................................................................................................3 BroadForm Insured.................................................................................................................................................. 1 Concealment, Misrepresentation or Fraud...............................................................................................................4 Deductible.................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss................................................................................................4 FellowEmployee ......................................................................................................................................................2 Fire Department Service Charge..............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage...................................................................................4 Lossof Earnings.......................................................................................................................................................2 Lossof Use Expenses..............................................................................................................................................2 SupplementaryPayments ........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us...............................................................................................4 TransportationExpenses..........................................................................................................................................2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1.Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury" or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the"bodily injury" or"property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured"for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee"of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the"employee's" household CAU 058(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058(01 15) h. Your members, if you are a limited liability company, while using a covered"auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to$3,000 for cost of bail bonds(including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured" solely at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury"to: a. Any fellow"employee"of the"insured" arising out of and in the course of a fellow"employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse,child, parent, brother or sister of that fellow"employee"as a consequence of Paragraph a. above. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$75 per day to a total maximum of$2,000 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration,when the covered"auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an"insured"becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day,to a total maximum of$2,000. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to$1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058(01 15) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased"auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered"auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that"auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one"loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss"arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058(01 15) (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield of any covered"auto"or to safety glass. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the"accident", claim, "suit" or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5.Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your"employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any"auto" you hire from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 4 of 4 Copyright 2015 FCCI Insurance Group. POLICY NUMBER: CA100014717 COMMERCIAL AUTOMOBILE CAU 042(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARYMON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. A. 1. Who Is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured"for Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organizatio who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the"bodily injury" or"property damage" occurs and that is in effect during the policy period. CAU042(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2013 FCCI Insurance Group. C�7 Texasmutu WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 6115/18 at 12:01 a.m.standard time,forms a part of: Policy no. 0001239148 of Texas Mutual Insurance Company effective on 6115/18 &LAo— Issued to: BEAN ELECTRICAL INC This is not a bill Authorized representative NCCI Carrier Code: 29939 6/8/18 PO Box 12058,Austin, TX 78711-2058 1 of 1 texasmutual.com (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnkuy 2;2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 --Definitions and Terminology..........................................................................................................l 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l 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:Febnr8yy2,2016 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 Article8-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:FebnjEffy2,2016 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:Febnoty2,2016 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:Febnery2,2016 007200-1 GENERAL CONDITIONS Pagel 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. I2. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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:Febnrary2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnory2,2016 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:February 2,2016 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:February 2,2016 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 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebrLoy2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 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:Feb umy 2,2016 007200-1 GENERAL CONDITIONS Page S 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:Febnmry2,2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals,or codes of any technical society,organization, or association,or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b)any standard, specification, manual, or code, or(c)any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any 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:Febnjmy2,2016 00 72 00-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or tennination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text,data, graphics,or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or pennanent 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:Febniay2,2016 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: I. 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 infonnation 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:Febnr8yy2,2016 007200-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site;or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. 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:Februay2,2016 007200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations.Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees,the full cost for replacing such points plus 25%will be charged against the Contractor,and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work.Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work;or(ii)specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the 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:Febmg2,2016 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:Febnuy2,20I6 00 72 00-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow forrn 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:Febxvary2,2016 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting 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 00 72 00-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured.There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates(or other evidence requested).Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents,the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnr8yy2,2016 00 72 00-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph I3.07, 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:Febngffy Z 2016 007200-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work;and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment,Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment,each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Februmy2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of'Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work,and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09;or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 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: L 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:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the 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:Febnrary 2,2016 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: I. 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:Febnrmy2,2016 00 72 00-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. if it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 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 6.06.13); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily;or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur,City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay2,20I6 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:Febnwy2,2016 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it,the amount, if any,due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding.The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.13 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:FebnmyZ2016 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions;or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to,and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniay 2,2016 007300-1 SUPPLEMENTARY CONDITIONS Page I of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 36 June 2,2017: 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 SC-4.01A.2,"Availability of Lands" 47 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 Utilities or obstructions to be removed,adjusted,and/or relocated 2 3 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 4 as of June 2,2017: 5 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 6 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 7 and do not bind the City. 8 9 SC-4.02A.,"Subsurface and Physical Conditions" 10 11 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 12 13 A Geotechnical Investigation Report No.E16-0410,dated 06/28/2016,prepared by Alliance Geotechnical 14 Group a sub-consultant of Halff Associates,Inc., a consultant of the City,providing additional information 15 on subsurface soil conditions and locations within the project area. 16 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 19 None. 20 21 SC-4.06A.,"Hazardous Environmental Conditions at Site" 22 23 The following are reports and drawings of existing hazardous environmental conditions known to the City: 24 None. 25 26 SC-5.03A.,"Certificates of Insurance" 27 28 The entities listed below are"additional insureds as their interest may appear" including their respective 29 officers,directors,agents and employees. 30 31 (1) City 32 (2) Consultant: None 33 (3) Other: None 34 35 SC-5.04A.,"Contractor's Insurance" 36 37 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 38 coverages for not less than the following amounts or greater where required by laws and regulations: 39 40 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 41 42 Statutory limits 43 Employer's liability 44 $100,000 each accident/occurrence 45 $100,000 Disease-each employee 46 $500,000 Disease-policy limit 47 48 SC-5.04B.,"Contractor's Insurance" 49 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 5.04B.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 2 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 3 minimum limits of- 4 5 $1,000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 9 General Aggregate Limits apply separately to each job site. 10 11 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C.,"Contractor's Insurance" 15 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 16 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 17 18 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 19 defined as autos owned,hired and non-owned. 20 21 $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at 22 least: 23 24 $250,000 Bodily Injury per person/ 25 $500,000 Bodily Injury per accident/ 26 $100,000 Property Damage 27 28 SC-5.04D.,"Contractor's Insurance" 29 30 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 31 material deliveries to cross railroad properties and tracks None. 32 33 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 34 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 35 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 36 Entry Agreement"with the particular railroad company or companies involved,and to this end the 37 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 38 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 39 to the Contractor's use of private and/or construction access roads crossing said railroad company's 40 properties. 41 42 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 43 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 44 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 45 occupy,or touch railroad property: 46 47 (1) General Aggregate: $Confirm Limits with Railroad 48 49 (2) Each Occurrence: $Confirm Limits with Railroad 50 51 _Required for this Contract X Not required for this Contract 52 53 With respect to the above outlined insurance requirements,the following shall govern: 54 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 2 the name of the railroad company. However, if more than one grade separation or at-grade 3 crossing is affected by the Project at entirely separate locations on the line or lines of the same 4 railroad company,separate coverage may be required,each in the amount stated above. 5 6 2. Where more than one railroad company is operating on the same right-of-way or where several 7 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 8 may be required to provide separate insurance policies in the name of each railroad company. 9 10 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 11 railroad company's right-of-way at a location entirely separate from the grade separation or at- 12 grade crossing,insurance coverage for this work must be included in the policy covering the grade 13 separation. 14 15 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 16 way,all such other work may be covered in a single policy for that railroad,even though the work 17 may be at two or more separate locations. 18 19 No work or activities on a railroad company's property to be performed by the Contractor shall be 20 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 21 for each railroad company named,as required above. All such insurance must be approved by the City and 22 each affected Railroad Company prior to the Contractor's beginning work. 23 24 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 25 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 26 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 27 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 28 railroad company operating over tracks involved in the Project. 29 30 SC-6.04.,"Project Schedule" 31 32 Project schedule shall be tier 3 for the project. 33 34 SC-6.07.,"Wage Rates" 35 36 The following is the prevailing wage rate table(s)applicable to this project and is provided in the Division 37 02 TxDOT Requirements: 38 Davis Bacon General Decision Number: TX140035,01/03/2014,Texas,Construction Type: Highway 39 40 41 SC-6.09.,"Permits and Utilities" 42 43 SC-6.09A.,"Contractor obtained permits and licenses" 44 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 45 The contractor will be responsible for the preparation of a storm water pollution prevention plan(SWPPP) 46 and shall prepare and file a Notice of Intent(NOI)prior to construction and a Notice of Termination(NOT) 47 once construction has been completed. 48 49 SC-6.09B."City obtained permits and licenses" 50 The following are known permits and/or licenses required by the Contract to be acquired by the City: 51 The City of Ft.Worth is required to submit design documents to R.E.D. Ink for a TDLR compliance 52 review. They will subsequently conduct a site inspection after construction is completed. Halff Associates, 53 Inc.is coordinating this effort,as R.E.D.Ink is subcontracted to perform this review and inspection. 54 55 SC-6.09C."Outstanding permits and licenses" CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 2 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of 3 June 2,2017: 4 5 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 6 7 8 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 9 10 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 11 (hereinafter referred to as the "Contractor")agrees as follows: 12 13 1. Compliance with Regulations:The Contractor shall comply with the Regulation relative to 14 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, 15 "DOT")Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time, 16 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 17 of this contract. 18 19 2. Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall 20 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 21 subcontractors,including procurements of materials and leases of equipment.The Contractor shall not 22 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 23 Regulations,including employment practices when the contract covers a program set forth in 24 Appendix B of the Regulations. 25 26 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment: In all 27 solicitations either by competitive bidding or negotiation made by the contractor for work to be 28 performed under a subcontract,including procurements of materials or leases of equipment,each 29 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 30 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 31 national origin. 32 33 4. Information and Reports:The Contractor shall provide all information and reports required by the 34 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 35 accounts,other sources of information and its facilities as may be determined by City or the Texas 36 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders 37 and instructions. Where any information required of a contractor is in the exclusive possession of 38 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 39 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 40 obtain the information. 41 42 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 43 nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the 44 Texas Department of Transportation may determine to be appropriate, including,but not limited to: 45 46 a. withholding of payments to the Contractor under the Contract until the Contractor 47 complies,and/or 48 b. cancellation,termination or suspension of the Contract,in whole or in part. 49 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 1 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1)through 2 (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt 3 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with 4 respect to any subcontract or procurement as City or the Texas Department of Transportation may 5 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 6 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a 7 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 8 such litigation to protect the interests of City,and,in addition,the contractor may request the United 9 States to enter into such litigation to protect the interests of the United States. 10 11 Additional Title VI requirements can be found in the Appendix. 12 13 SC-7.02.,"Coordination" 14 15 The individuals or entities listed below have contracts with the City for the performance of other work at 16 the Site: 17 Vendor cope of Work Coordination Authority None 18 19 20 SC-8.01,"Communications to Contractor" 21 22 None. 23 24 SC-9.01.,"City's Project Manager" 25 26 The City's Project Manager for this Contract is Wilma J.Smith,P.E.,or his/her successor pursuant to 27 written notification from the Director of Transportation and Public Works. 28 29 SC-13.03C.,"Tests and Inspections" 30 31 None. 32 33 SC-16.01C.1,"Methods and Procedures" 34 35 None. 36 37 38 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised January 22,2016 02552 DIVISION O1 -GENERAL REQUIREMENTS 011100-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 011100-3 SUMMARY OF WORK 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 012500-1 SUBSTITUTION PROCEDURES Page 1 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 I —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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal _Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature _ _Recommended _ _Recommended 38 as noted 39 40 Firm _Not recommended _Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 01 31 19-1 PRECONSTRUCTION MEETING Page 1 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 3. Division 2—TxDOT 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. Attend preconstruction meeting. 22 2. Representatives of Contractor,subcontractors and suppliers attending meetings 23 shall be qualified and authorized to act on behalf of the entity each represents. 24 3. Meeting administered by City may be tape recorded. 25 a. If recorded,tapes will be used to prepare minutes and retained by City for 26 future reference. 27 B. Preconstruction Meeting 28 1. A preconstruction meeting will be held within 14 days after the execution of the 29 Agreement and before Work is started. 30 a. The meeting will be scheduled and administered by the City. 31 2. The Project Representative will preside at the meeting,prepare the notes of the 32 meeting and distribute copies of same to all participants who so request by fully 33 completing the attendance form to be circulated at the beginning of the meeting. 34 3. Attendance shall include: 35 a. Project Representative 36 b. Contractor's project manager 37 c. Contractor's superintendent CI'T'Y OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 17,2012 02552 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 d. Any subcontractor or supplier representatives whom the Contractor may desire 2 to invite or the City may request 3 e. Other City representatives 4 f. Others as appropriate 5 4. Construction Schedule 6 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 7 provide at Preconstruction Meeting. 8 b. City will notify Contractor of any schedule changes upon Notice of 9 Preconstruction Meeting. 10 5. Preliminary Agenda may include: 11 a. Introduction of Project Personnel 12 b. General Description of Project 13 c. Status of right-of-way,utility clearances,easements or other pertinent permits 14 d. Contractor's work plan and schedule 15 e. Contract Time 16 f. Notice to Proceed 17 g. Construction Staking 18 h. Progress Payments 19 i. Extra Work and Change Order Procedures 20 j. Field Orders 21 k. Disposal Site Letter for Waste Material 22 1. Insurance Renewals 23 in. Payroll Certification 24 n. Material Certifications and Quality Control Testing 25 o. Public Safety and Convenience 26 p. Documentation of Pre-Construction Conditions 27 q. Weekend Work Notification 28 r. Legal Holidays 29 s. Trench Safety Plans 30 t. Confined Space Entry Standards 31 u. Coordination with the City's representative for operations of existing water 32 systems 33 v. Storm Water Pollution Prevention Plan 34 w. Coordination with other Contractors 35 x. Early Warning System 36 y. Contractor Evaluation 37 z. Special Conditions applicable to the project 38 aa. Damages Claims 39 bb. Submittal Procedures 40 cc. Substitution Procedures 41 dd. Correspondence Routing 42 ee. Record Drawings 43 ff. Temporary construction facilities 44 gg. M/WBE or MBE/SBE procedures 45 hh. Final Acceptance 46 ii. Final Payment 47 jj. Questions or Comments CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August I7,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 17,2012 02552 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 01 31 20 2 PROJECT MEETINGS 3 4 PART1 - GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Provisions for project meetings throughout the construction period to enable orderly 8 review of the progress of the Work and to provide for systematic discussion of 9 potential problems 10 B. Deviations this City of Fort Worth Standard Specification 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 I —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Coordination 22 1. Schedule,attend and administer as specified,periodic progress meetings,and 23 specially called meetings throughout progress of the Work. 24 2. Representatives of Contractor,subcontractors and suppliers attending meetings 25 shall be qualified and authorized to act on behalf of the entity each represents. 26 3. Meetings administered by City may be tape recorded. 27 a. If recorded,tapes will be used to prepare minutes and retained by City for 28 future reference. 29 4. Meetings, in addition to those specified in this Section,may be held when requested 30 by the City, Engineer or Contractor. 31 B. Pre-Construction Neighborhood Meeting 32 1. After the execution of the Agreement, but before construction is allowed to begin, 33 attend I Public Meeting with affected residents to: 34 a. Present projected schedule,including construction start date 35 b. Answer any construction related questions 36 2. Meeting Location 37 a. Location of meeting to be determined by the City. 38 3. Attendees CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 013120-2 PROJECT MEETINGS Page 2 of 3 1 a. Contractor 2 b. Project Representative 3 c. Other City representatives 4 4. Meeting Schedule 5 a. In general,the neighborhood meeting will occur within the 2 weeks following 6 the pre-construction conference. 7 b. In no case will construction be allowed to begin until this meeting is held. 8 C. Progress Meetings 9 1. Formal project coordination meetings will be held periodically. Meetings will be 10 scheduled and administered by Project Representative. 11 2. Additional progress meetings to discuss specific topics will be conducted on an as- 12 needed basis. Such additional meetings shall include,but not be limited to: 13 a. Coordinating shutdowns 14 b. Installation of piping and equipment 15 c. Coordination between other construction projects 16 d. Resolution of construction issues 17 e. Equipment approval 18 3. The Project Representative will preside at progress meetings,prepare the notes of 19 the meeting and distribute copies of the same to all participants who so request by 20 fully completing the attendance form to be circulated at the beginning of each 21 meeting. 22 4. Attendance shall include: 23 a. Contractor's project manager 24 b. Contractor's superintendent 25 c. Any subcontractor or supplier representatives whom the Contractor may desire 26 to invite or the City may request 27 d. Engineer's representatives 28 e. City's representatives 29 f. Others,as requested by the Project Representative 30 5. Preliminary Agenda may include: 31 a. Review of Work progress since previous meeting 32 b. Field observations,problems,conflicts 33 c. Items which impede construction schedule 34 d. Review of off-site fabrication,delivery schedules 35 e. Review of construction interfacing and sequencing requirements with other 36 construction contracts 37 f. Corrective measures and procedures to regain projected schedule 38 g. Revisions to construction schedule 39 h. Progress,schedule,during succeeding Work period 40 i. Coordination of schedules 41 j. Review submittal schedules 42 k. Maintenance of quality standards 43 1. Pending changes and substitutions 44 In. Review proposed changes for: 45 1) Effect on construction schedule and on completion date 46 2) Effect on other contracts of the Project 47 n. Review Record Documents 48 o. Review monthly pay request CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 013120-3 PROJECT MEETINGS Page 3 of 3 1 p. Review status of Requests for Information 2 6. Meeting Schedule 3 a. Progress meetings will be held periodically as determined by the Project 4 Representative. 5 1) Additional meetings may be held at the request of the: 6 a) City 7 b) Engineer 8 c) Contractor 9 7. Meeting Location 10 a. The City will establish a meeting location. 11 1) To the extent practicable, meetings will be held at the Site. 12 1.5 SUBMITTALS [NOT USED] 13 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 14 1.7 CLOSEOUT SUBMITTALS [NOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 18 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19 1.12 WARRANTY [NOT USED] 20 PART 2- PRODUCTS [NOT USED] 21 PART 3- EXECUTION [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 24 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes,expected delays,key schedule issues,critical path items,etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM)as required in the City of Fort Worth Schedule 10 Guidance Document. 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 013216-3 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) 1f 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 0 1-99 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. I 1 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 01 3300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing,as applicable to the Work 18 I. Do not start Work requiring a shop drawing,sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings,applicable samples,and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site,or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned,Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 I resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered"Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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"RFP'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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 01 35 13-1 SPECIAL PROJECT PROCEDURES Page 1 of S 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include,but are not necessarily limited to: 21 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 —General Requirements 23 3. Section 33 12 25—Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 I. 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 l) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 01 35 13-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2) Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code,Title 9. Safety, Subtitle A. Public Safety,Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation(TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines(more than 600 volts measured between 35 conductors or between a conductor and the ground)shall be in accordance with 36 Health and Safety Code,Title 9, Subtitle A,Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage-type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20.2012 02552 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines, or raise or 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as"AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m.to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality(TCEQ), in coordination 28 with the National Weather Service,will issue the Air Pollution Watch by 3:00 29 p.m. on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m. whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. 33 2) However,the Contractor may begin work prior to 10:00 a.m. if: 34 a) Use of motorized equipment is less than 1 hour,or 35 b) If equipment is new and certified by EPA as "Low Emitting",or 36 equipment burns Ultra Low Sulfur Diesel(ULSD),diesel emulsions,or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives, Drop Weight,Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage,24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 01 31 13 46 G. Water Department Coordination CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 0135 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate,for a 2 period of time,existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed,obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required,coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7,Chapter 28.03 (Criminal Mischief)and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition,the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis,prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction.The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e.type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 I. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers(USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required,meet all requirements set forth in each designated 24 railroad permit. This includes, but is not limited to,provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust,capture and properly dispose of waste water. 42 b. If wet saw cutting is performed,capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 0135 13-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 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 1.4.B—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 01 35 13-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 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 37 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXHIBIT B 2 FORT WORTH ok": DOE NO.XXXX Project Name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, .CONTRACTOR 3 4 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 3. Division 2—TxDOT 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 a. Contractor is responsible for performing,coordinating,and payment of all 18 Quality Control testing. 19 b. City is responsible for performing and payment for first set of Quality 20 Assurance testing. 21 1) If the first Quality Assurance test performed by the City fails,the 22 Contractor is responsible for payment of subsequent Quality Assurance 23 testing until a passing test occurs. 24 a) Final acceptance will not be issued by City until all required payments 25 for testing by Contractor have been paid in full. 26 1.3 REFERENCES [NOT USED] 27 1.4 ADMINISTRATIVE REQUIREMENTS 28 A. Testing 29 1. Complete testing in accordance with the Contract Documents. 30 2. Coordination 31 a. When testing is required to be performed by the City, notify City, sufficiently 32 in advance,when testing is needed. 33 b. When testing is required to be completed by the Contractor, notify City, 34 sufficiently in advance,that testing will be performed. 35 3. Distribution of Testing Reports 36 a. Electronic Distribution 37 1) Confirm development of Project directory for electronic submittals to be 38 uploaded to City's Buzzsaw site,or another external FTP site approved by 39 the City. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 3. Division 2—TxDOT 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. Temporary Utilities 26 1. Obtaining Temporary Service 27 a. Make arrangements with utility service companies for temporary services. 28 b. Abide by rules and regulations of utility service companies or authorities 29 having jurisdiction. 30 c. Be responsible for utility service costs until Work is approved for Final 31 Acceptance. 32 1) Included are fuel,power,light,heat and other utility services necessary for 33 execution,completion,testing and initial operation of Work. 34 2. Water 35 a. Contractor to provide water required for and in connection with Work to be 36 performed and for specified tests of piping,equipment,devices or other use as 37 required for the completion of the Work. 38 b. Provide and maintain adequate supply of potable water for domestic 39 consumption by Contractor personnel and City's Project Representatives. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 c. Coordination 2 1) Contact City 1 week before water for construction is desired 3 d. Contractor Payment for Construction Water 4 1) Obtain construction water meter from City for payment as billed by City's 5 established rates. 6 3. Electricity and Lighting 7 a. Provide and pay for electric powered service as required for Work,including 8 testing of Work. 9 1) Provide power for lighting,operation of equipment,or other use. 10 b. Electric power service includes temporary power service or generator to 11 maintain operations during scheduled shutdown. 12 4. Telephone 13 a. Provide emergency telephone service at Site for use by Contractor personnel 14 and others performing work or furnishing services at Site. 15 5. Temporary Heat and Ventilation 16 a. Provide temporary heat as necessary for protection or completion of Work. 17 b. Provide temporary heat and ventilation to assure safe working conditions. 18 B. Sanitary Facilities 19 1. Provide and maintain sanitary facilities for persons on Site. 20 a. Comply with regulations of State and local departments of health. 21 2. Enforce use of sanitary facilities by construction personnel at job site. 22 a. Enclose and anchor sanitary facilities. 23 b. No discharge will be allowed from these facilities. 24 c. Collect and store sewage and waste so as not to cause nuisance or health 25 problem. 26 d. Haul sewage and waste off-site at no less than weekly intervals and properly 27 dispose in accordance with applicable regulation. 28 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 29 4. Remove facilities at completion of Project 30 C. Storage Sheds and Buildings 31 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor 32 above ground level for materials and equipment susceptible to weather damage. 33 2. Storage of materials not susceptible to weather damage may be on blocks off 34 ground. 35 3. Store materials in a neat and orderly manner. 36 a. Place materials and equipment to permit easy access for identification, 37 inspection and inventory. 38 4. Equip building with lockable doors and lighting,and provide electrical service for 39 equipment space heaters and heating or ventilation as necessary to provide storage 40 environments acceptable to specified manufacturers. 41 5. Fill and grade site for temporary structures to provide drainage away from 42 temporary and existing buildings. 43 6. Remove building from site prior to Final Acceptance. 44 D. Temporary Fencing CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Provide and maintain for the duration or construction when required in contract 2 documents 3 E. Dust Control 4 1. Contractor is responsible for maintaining dust control through the duration of the 5 project. 6 a. Contractor remains on-call at all times 7 b. Must respond in a timely manner 8 F. Temporary Protection of Construction 9 1. Contractor or subcontractors are responsible for protecting Work from damage due 10 to weather. 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 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION [NOT USED] 23 3.3 PREPARATION [NOT USED] 24 3.4 INSTALLATION 25 A. Temporary Facilities 26 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 3.5 [REPAIR] /[RESTORATION] 2 3.6 RE-INSTALLATION 3 3.7 FIELD[OR] SITE QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES 8 A. Temporary Facilities 9 1. Remove all temporary facilities and restore area after completion of the Work,to a 10 condition equal to or better than prior to start of Work. 11 3.12 PROTECTION [NOT USED] 12 3.13 MAINTENANCE [NOT USED] 13 3.14 ATTACHMENTS [NOT USED] 14 END OF SECTION 15 Revision Log DATE NAME SUMMARY OF CHANGE 16 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 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 4. Division 2—TxDOT 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 22 A. Reference Standards 23 1. Reference standards cited in this specification refer to the current reference standard 24 published at the time of the latest revision date logged at the end of this 25 specification, unless a date is specifically cited. 26 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 27 1.4 ADMINISTRATIVE REQUIREMENTS 28 A. Traffic Control 29 1. General 30 a. When traffic control plans are included in the Drawings,provide Traffic 31 Control in accordance with Drawings and Section 34 71 13. 32 b. When traffic control plans are not included in the Drawings,prepare traffic 33 control plans in accordance with Section 34 71 13 and submit to City for 34 review. 35 l) Allow minimum 10 working days for review of proposed Traffic Control. 36 B. Street Use Permit 37 1. Prior to installation of Traffic Control,a City Street Use Permit is required. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 a. To obtain Street Use Permit,submit Traffic Control Plans to City 2 Transportation and Public Works Department. 3 1) Allow a minimum of 5 working days for permit review. 4 2) Contractor's responsibility to coordinate review of Traffic Control plans for 5 Street Use Permit,such that construction is not delayed. 6 C. Modification to Approved Traffic Control 7 1. Prior to installation traffic control: 8 a. Submit revised traffic control plans to City Department Transportation and 9 Public Works Department. 10 1) Revise Traffic Control plans in accordance with Section 34 71 13. 11 2) Allow minimum 5 working days for review of revised Traffic Control. 12 3) It is the Contractor's responsibility to coordinate review of Traffic Control 13 plans for Street Use Permit,such that construction is not delayed. 14 D. Removal of Street Sign 15 I. If it is determined that a street sign must be removed for construction,then contact 16 City Transportation and Public Works Department,Signs and Markings Division to 17 remove the sign. 18 E. Temporary Signage 19 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 20 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 21 Devices(MUTCD). 22 2. Install temporary sign before the removal of permanent sign. 23 3. When construction is complete,to the extent that the permanent sign can be 24 reinstalled,contact the City Transportation and Public Works Department, Signs 25 and Markings Division,to reinstall the permanent sign. 26 F. Traffic Control Standards 27 1. Traffic Control Standards can be found on the City's Buzzsaw website. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 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 4. Division 2—TxDOT Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Construction Activities resulting in less than 1 acre of disturbance 18 a. Work associated with this Item is considered subsidiary to the various Items 19 bid. No separate payment will be allowed for this Item. 20 2. Construction Activities resulting in greater than 1 acre of disturbance 21 a. Measurement and Payment shall be in accordance with Section 3125 00. 22 1.3 REFERENCES 23 A. Abbreviations and Acronyms 24 1. Notice of Intent:NOI 25 2. Notice of Termination:NOT 26 3. Storm Water Pollution Prevention Plan: SWPPP 27 4. Texas Commission on Environmental Quality:TCEQ 28 5. Notice of Change:NOC 29 A. Reference Standards 30 1. Reference standards cited in this Specification refer to the current reference 31 standard published at the time of the latest revision date logged at the end of this 32 Specification,unless a date is specifically cited. 33 2. Integrated Storm Management(iSWM)Technical Manual for Construction 34 Controls 35 1.4 ADMINISTRATIVE REQUIREMENTS 36 A. General CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 0157 13-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 1. Contractor is responsible for resolution and payment of any fines issued associated 2 with compliance to Stormwater Pollution Prevention Plan. 3 B. Construction Activities resulting in: 4 1. Less than 1 acre of disturbance 5 a. Provide erosion and sediment control in accordance with Section 3125 00 and 6 Drawings. 7 2. 1 to less than 5 acres of disturbance 8 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 9 Permit is required 10 b. Complete SWPPP in accordance with TCEQ requirements 11 1) TCEQ Small Construction Site Notice Required under general permit 12 TXR150000 13 a) Sign and post at job site 14 b) Prior to Preconstruction Meeting,send 1 copy to City Department of 15 Transportation and Public Works, Environmental Division,(817)392- 16 6088. 17 2) Provide erosion and sediment control in accordance with: 18 a) Section 31 25 00 19 b) The Drawings 20 c) TXR150000 General Permit 21 d) SWPPP 22 e) TCEQ requirements 23 3. 5 acres or more of Disturbance 24 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 25 Permit is required 26 b. Complete SWPPP in accordance with TCEQ requirements 27 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 28 a) Sign and post at job site 29 b) Send copy to City Department of Transportation and Public Works, 30 Environmental Division,(817)392-6088. 31 2) TCEQ Notice of Change required if making changes or updates to NOI 32 3) Provide erosion and sediment control in accordance with: 33 a) Section 31 25 00 34 b) The Drawings 35 c) TXR150000 General Permit 36 d) SWPPP 37 e) TCEQ requirements 38 4) Once the project has been completed and all the closeout requirements of 39 TCEQ have been met a TCEQ Notice of Termination can be submitted. 40 a) Send copy to City Department of Transportation and Public Works, 41 Environmental Division,(817)392-6088. 42 1.5 SUBMITTALS 43 A. SWPPP 44 1. Submit in accordance with Section 0133 00,except as stated herein. 45 a. Prior to the Preconstruction Meeting,submit a draft copy of SWPPP to the City 46 as follows: 47 1) 1 copy to the City Project Manager CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 a) City Project Manager will forward to the City Department of 2 Transportation and Public Works, Environmental Division for review 3 B. Modified SWPPP 4 1. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 5 in accordance with Section 01 33 00. 6 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 7 1.7 CLOSEOUT SUBMITTALS [NOT USED] 8 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 9 1.9 QUALITY ASSURANCE [NOT USED] 10 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 11 1.11 FIELD [SITE] CONDITIONS [NOT USED] 12 1.12 WARRANTY [NOT USED] 13 PART 2 - PRODUCTS [NOT USED] 14 PART 3- EXECUTION [NOT USED] 15 END OF SECTION 16 Revision Log DATE NAME SUMMARY OF CHANGE 17 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 0158 13-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 3. Division 2—TxDOT 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 [NOT USED] 19 1.5 SUBMITTALS [NOT USED] 20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 23 1.9 QUALITY ASSURANCE [NOT USED] 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 28 2.1 OWNER-FURNISHED 10111 OWNER-SUPPLIEDPRODUCTS [NOT USED] 29 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 30 A. Design Criteria CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 01 58 13-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 1. Provide free standing Project Designation Sign in accordance with City's Standard 2 Details for project signs. 3 B. Materials 4 1. Sign 5 a. Constructed of 3/4-inch fir plywood,grade A-C (exterior)or better 6 2.3 ACCESSORIES [NOT USED] 7 2.4 SOURCE QUALITY CONTROL [NOT USED] 8 PART 3 - EXECUTION 9 3.1 INSTALLERS [NOT USED] 10 3.2 EXAMINATION [NOT USED] 11 3.3 PREPARATION [NOT USED] 12 3.4 INSTALLATION 13 A. General 14 1. Provide vertical installation at extents of project. 15 2. Relocate sign as needed, upon request of the City. 16 B. Mounting options 17 a. Skids 18 b. Posts 19 c. Barricade 20 3.5 REPAIR/RESTORATION [NOT USED] 21 3.6 RE-INSTALLATION [NOT USED] 22 3.7 FIELD loR] SITE QUALITY CONTROL [NOT USED] 23 3.8 SYSTEM STARTUP [NOT USED] 24 3.9 ADJUSTING [NOT USED] 25 3.10 CLEANING [NOT USED] 26 3.11 CLOSEOUT ACTIVITIES [NOT USED] 27 3.12 PROTECTION [NOT USED] 28 3.13 MAINTENANCE 29 A. General 30 1. Maintenance will include painting and repairs as needed or directed by the City. 31 3.14 ATTACHMENTS [NOT USED] 32 END OF SECTION 33 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 01 60 00-1 PRODUCT REQUIREMENTS Page 1 of 2 l 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 3. Division 2—TxDOT Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 14 1.3 REFERENCES [NOT USED] 15 1.4 ADMINISTRATIVE REQUIREMENTS 16 A. A list of City approved products for use is located on Buzzsaw as follows: 17 1. Resources\02 -Construction Documents\Standard Products List 18 B. Only products specifically included on City's Standard Product List in these Contract 19 Documents shall be allowed for use on the Project. 20 1. Any subsequently approved products will only be allowed for use upon specific 21 approval by the City. 22 C. Any specific product requirements in the Contract Documents supersede similar 23 products included on the City's Standard Product List. 24 1. The City reserves the right to not allow products to be used for certain projects even 25 though the product is listed on the City's Standard Product List. 26 D. Although a specific product is included on City's Standard Product List,not all 27 products from that manufacturer are approved for use, including but not limited to,that 28 manufacturer's standard product. 29 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 30 Standard Product List. 31 1.5 SUBMITTALS [NOT USED] 32 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 33 1.7 CLOSEOUT SUBMITTALS [NOT USED] 34 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 35 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI: 0172-06-092 Revised December 20,2012 02552 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENT'S Page 1 of 4 I 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 3. Division 2—TxDOT 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 [NOT USED] 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 DELIVERY AND HANDLING 29 A. Delivery Requirements 30 1. Schedule delivery of products or equipment as required to allow timely installation 31 and to avoid prolonged storage. 32 2. Provide appropriate personnel and equipment to receive deliveries. 33 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 34 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 017000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 5 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 11 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised November 22,2016 02552 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 5 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 23 Contract 24 2. Division I —General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment [Consult City Department/Division for direction on if 27 Mobilization pay item to be included or the item should be subsidiary. Include the 28 appropriate Section 1.2 A. 1.] 29 1. Mobilization and 30 a. Measure 31 1) This Item will be measured by the lump sum or each as the work 32 progresses. Mobilization is calculated on the base bid only and will not be 33 paid for separately on any additive alternate items added to the Contract. 34 2) Demobilization shall be considered subsidiary to the various bid items. 35 b. Payment 36 1) For this Item,the adjusted Contract amount will be calculated as the total 37 Contract amount less the lump sum for mobilization. Mobilization shall be 38 made in partial payments as follows: 39 a) When I%of the adjusted Contract amount for construction Items is 40 earned, 50%of the mobilization lump sum bid or[Insert `/ the maximum 41 allowed]%of the total Contract amount,whichever is less, will be paid. 42 b) When 5%of the adjusted Contract amount for construction Items is 43 earned, 75%of the mobilization lump sum bid or[Insert the maximum 44 allowed]%of the total Contract amount,whichever is less,will be paid. 45 Previous payments under the Item will be deducted from this amount. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised November 22,2016 02552 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 5 1 c) When 10%of the adjusted Contract amount for construction Items is 2 earned, 100%of the mobilization lump sum bid or[Insert the maximum 3 allowed]%of the total Contract amount, whichever is less, will be paid. 4 Previous payments under the Item will be deducted from this amount. 5 d)A bid containing a total for"Mobilization'in excess of[Insert 6 maximum allowed]%of total contract shall be considered unbalanced 7 and a cause for consideration of rejection. 8 e)The Lump Sum bid for"Mobilization—Paving/Drainage"shall NOT 9 include any cost or sum for mobilization items associated with 10 water/sewer items. Those costs shall be included in the various 11 water/sewer bid Items. Otherwise the bid Items shall be considered 12 unbalanced and a cause for consideration of rejection. 13 f)The Lump Sum bid for"Mobilization—Paving"shall NOT include 14 any cost or sum for mobilization items associated with drainage items. 15 Those costs shall be included in the"Mobilization—Drainage"Lump 16 Sum bid Item. Otherwise the bid Items shall be considered unbalanced 17 and a cause for consideration of rejection. 18 g) The Lump Sum bid for"Mobilization—Drainage"shall NOT 19 include any cost or sum for mobilization items associated with paving 20 items. Those costs shall be included in the"Mobilization—Paving" 21 Lump Sum bid Item. Otherwise the bid Items shall be considered 22 unbalanced and a cause for consideration of rejection. 23 2) The work performed and materials furnished for demobilization in 24 accordance with this Item are subsidiary to the various Items bid and no other 25 compensation will be allowed. 26 2. Remobilization for suspension of Work as specifically required in the Contract 27 Documents 28 a. Measurement 29 1) Measurement for this Item shall be per each remobilization performed. 30 b. Payment 31 1) The work performed and materials furnished in accordance with this Item 32 and measured as provided under"Measurement"will be paid for at the unit 33 price per each"Specified Remobilization"in accordance with Contract 34 Documents. 35 c. The price shall include: 36 1) Demobilization as described in Section 1.1.A.2.a.1) 37 2) Remobilization as described in Section 1.1.A.2.a.2) 38 d. No payments will be made for standby, idle time, or lost profits associated this 39 Item. 40 3. Remobilization for suspension of Work as required by City 41 a. Measurement and Payment 42 1) This shall be submitted as a Contract Claim in accordance with Article 10 43 of Section 00 72 00. 44 2) No payments will be made for standby, idle time, or lost profits associated 45 with this Item. 46 4. Mobilizations and Demobilizations for Miscellaneous Projects 47 a. Measurement 48 1) Measurement for this Item shall be for each Mobilization and 49 Demobilization required by the Contract Documents CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised November 22,2016 02552 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 5 1 b. Payment 2 1) The Work performed and materials furnished in accordance with this Item 3 and measured as provided under"Measurement"will be paid for at the unit 4 price per each"Work Order Mobilization'in accordance with Contract 5 Documents. Demobilization shall be considered subsidiary to mobilization 6 and shall not be paid for separately. 7 c. The price shall include: 8 1) Mobilization as described in Section 1.1.A.3.a.1) 9 2) Demobilization as described in Section 1.1.A.3.a.2) 10 d. No payments will be made for standby,idle time,or lost profits associated this 11 Item. 12 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 13 a. Measurement 14 1) Measurement for this Item shall be for each Mobilization and 15 Demobilization required by the Contract Documents 16 b. Payment 17 1) The Work performed and materials furnished in accordance with this Item 18 and measured as provided under"Measurement"will be paid for at the unit 19 price per each"Work Order Emergency Mobilization'in accordance with 20 Contract Documents. Demobilization shall be considered subsidiary to 21 mobilization and shall not be paid for separately. 22 c. The price shall include 23 1) Mobilization as described in Section 1.1.A.4.a) 24 2) Demobilization as described in Section 1.1.A.3.a.2) 25 d. No payments will be made for standby, idle time,or lost profits associated this 26 Item. 27 1.3 REFERENCES [NOT USED] 28 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29 1.5 SUBMITTALS [NOT USED] 30 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 31 1.7 CLOSEOUT SUBMITTALS [NOT USED] 32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33 1.9 QUALITY ASSURANCE [NOT USED] 34 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 35 1.11 FIELD [SITE] CONDITIONS [NOT USED] 36 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised November 22,2016 02552 017000-5 MOBILIZATION AND REMOBILIZATION Page 5 of 5 1 PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures-Revised specification,including blue text,to make specification flexible for either subsidiary or paid bid item for Mobilization. 5 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised November 22,2016 02552 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 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 be 20 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 be 27 allowed. 28 3. As-Built Survey 29 a. Measurement 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and the materials furnished in accordance with this 33 Item are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 1.3 REFERENCES 36 A. Definitions 37 1. Construction Survey-The survey measurements made prior to or while construction 38 is in progress to control elevation, horizontal position,dimensions and configuration 39 of structures/improvements included in the Project Drawings. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 1 2. As-built Survey—The measurements made after the construction of the improvement 2 features are complete to provide position coordinates for the features of a project. 3 3. Construction Staking—The placement of stakes and markings to provide offsets and 4 elevations to cut and fill in order to locate on the ground the designed 5 structures/improvements included in the Project Drawings. Construction staking 6 shall include staking easements and/or right of way if indicated on the plans. 7 4. Survey"Field Checks"—Measurements made after construction staking is 8 completed and before construction work begins to ensure that structures marked on 9 the ground are accurately located per Project Drawings. 10 B. Technical References 11 1. City of Fort Worth--Construction Staking Standards(available on City's Buzzsaw 12 website)—01 71 23.16.01_Attachment A—Survey Staking Standards 13 2. City of Fort Worth-Standard Survey Data Collector Library(fxl)files(available on 14 City's Buzzsaw website)—01 71 23.16.02 Attachment B—Survey Data Collector 15 Library.fxl. 16 3. Texas Department of Transportation(TxDOT)Survey Manual, latest revision 17 4. Texas Society of Professional Land Surveyors(TSPS),Manual of Practice for Land 18 Surveying in the State of Texas,Category 5 19 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS 22 A. Submittals,if required,shall be in accordance with Section 0133 00. 23 B. All submittals shall be received and reviewed by the City prior to delivery of work. 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 25 A. Field Quality Control Submittals 26 1. Documentation verifying accuracy of field engineering work, including coordinate 27 conversions if plans do not indicate grid or ground coordinates. 28 2. Submit"Cut-Sheets"conforming to the standard template provided by the City 29 (refer to 01 71 23.16.01 --Attachment A--Survey Staking Standards.Contractor 30 shall submit an updated Construction As-built Spreadsheet with the second partial 31 payment request each month. 32 3. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 33 constructed improvements during the progress of the construction signed and 34 sealed by RPLS responsible for the work. 35 1.7 CLOSEOUT SUBMITTALS 36 B. As-built Redline Drawing Submittal 37 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 38 constructed improvements after the construction is completed signed and sealed 39 by RPLS responsible for the work. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 1 2. Contractor shall submit the proposed as-built and completed redline drawing 2 submittal 1 week prior to scheduling the project final for City review and comment. 3 Revisions, if necessary, shall be made to the as-built redline drawings and 4 resubmitted to the City prior to scheduling the construction final. 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE 7 A. Construction Staking 8 1. Construction staking will be performed by the Contractor. 9 2. Coordination 10 a. Contact City's Project Representative at least one week in advance notifying 11 the City of when Construction Staking is scheduled. 12 b. It is the Contractor's responsibility to coordinate staking such that 13 construction activities are not delayed or negatively impacted. 14 3. General 15 a. Contractor is responsible for preserving and maintaining stakes. If City 16 surveyors are required to re-stake for any reason,the Contractor will be 17 responsible for costs to perform staking. If in the opinion of the City,a 18 sufficient number of stakes or markings have been lost,destroyed disturbed or 19 omitted that the contracted Work cannot take place then the Contractor will be 20 required to stake or re-stake the deficient areas. 21 B. Construction Survey 22 1. Construction Survey will be performed by the Contractor. 23 2. Coordination 24 a. Contractor to verify that horizontal and vertical control data established in the 25 design survey and required for construction survey is available and in place. 26 3. General 27 a. Construction survey will be performed in order to construct the work shown 28 on the Construction Drawings and specified in the Contract Documents. 29 b. For construction methods other than open cut,the Contractor shall perform 30 construction survey and verify control data including,but not limited to,the 31 following: 32 1) Verification that established benchmarks and control are accurate. 33 2) Use of Benchmarks to furnish and maintain all reference lines and grades 34 for tunneling. 35 3) Use of line and grades to establish the location of the pipe. 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades, if requested,and allow the City to check guidance system setup prior 38 to beginning each tunneling drive. 39 5) Provide access for the City, if requested,to verify the guidance system and 40 the line and grade of the carrier pipe. 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 correction of it,as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to the City. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 1 9) If the installation does not meet the specified tolerances(as outlined in 2 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 3 the installation in accordance with the Contract Documents. 4 C. 5 C. As-Built Survey 6 1. Required As-Built Survey will be performed by the Contractor. 7 2. Coordination 8 a. Contractor is to coordinate with City to confirm which features require as- 9 built surveying. 10 b. It is the Contractor's responsibility to coordinate the as-built survey and 11 required measurements for items that are to be buried such that construction 12 activities are not delayed or negatively impacted. 13 3. General 14 a. The Contractor shall provide as-built survey including the elevation and 15 location(and provide written documentation to the City)of construction 16 features during the progress of the construction including the following: 17 18 1) Manholes-Not Applicable 19 2) Water Lines.-Not Applicable 20 3) Sanitary Sewer—Not Applicable 21 4) Stormwater- Not Applicable 22 23 b. The Contractor shall provide as-built survey including the elevation and 24 location(and provide written documentation to the City)of construction 25 features after the construction is completed including the following: 26 27 1) Manholes—Not Applicable 28 2) Water Lines—Not Applicable 29 3) Sanitary Sewer—Not Applicable 30 4) Stormwater—Not Applicable 31 32 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 33 1.11 FIELD [SITE] CONDITIONS [NOT USED] 34 1.12 WARRANTY 35 PART 2- PRODUCTS 36 A. A construction survey will produce,but will not be limited to: 37 1. Recovery of relevant control points,points of curvature and points of intersection. 38 2. Establish temporary horizontal and vertical control elevations(benchmarks) 39 sufficiently permanent and located in a manner to be used throughout construction. 40 3. The location of planned facilities,easements and improvements. 41 a. Establishing final line and grade stakes for piers,floors,grade beams,parking 42 areas,utilities, streets,highways,tunnels,and other construction. 43 b. A record of revisions or corrections noted in an orderly manner for reference. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS): 0172-06-092 Revised August 31,2017 02552 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 1 c. A drawing,when required by the client, indicating the horizontal and vertical 2 location of facilities, easements and improvements,as built. 3 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 4 construction staking projects. These cut sheets shall be on the standard city template 5 which can be obtained from the Survey Superintendent(817-392-7925). 6 5. Digital survey files in the following formats shall be acceptable: 7 a. AutoCAD(.dwg) 8 b. Text File(.txt) 9 c. ESRI Shapefile(.shp) 10 d. CSV file(.csv) 11 6. Survey files shall include vertical and horizontal data tied to original project control 12 and benchmarks,and shall include feature descriptions 13 PART 3- EXECUTION 14 3.1 INSTALLERS 15 A. Tolerances: 16 1. The staked location of any improvement or facility should be as accurate as practical 17 and necessary.The degree of precision required is dependent on many factors all of 18 which must remain judgmental. The tolerances listed hereafter are based on 19 generalities and, under certain circumstances, shall yield to specific requirements. 20 The surveyor shall assess any situation by review of the overall plans and through 21 consultation with responsible parties as to the need for specific tolerances. 22 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 23 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 24 1.0 ft. tolerance. 25 b. Horizontal alignment on a structure shall be within .0.111 tolerance. 26 c. Paving or concrete for streets,curbs,gutters,parking areas, drives,alleys and 27 walkways shall be located within the confines of the site boundaries and, 28 occasionally, along a boundary or any other restrictive line. Away from any 29 restrictive line,these facilities should be staked with an accuracy producing no 30 more than 0.0511.tolerance from their specified locations. 31 d. Underground and overhead utilities,such as sewers,gas,water,telephone and 32 electric lines,shall be located horizontally within their prescribed areas or 33 easements. Within assigned areas,these utilities should be staked with an 34 accuracy producing no more than 0.1 ft tolerance from a specified location. 35 e. The accuracy required for the vertical location of utilities varies widely. Many 36 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 37 should be maintained. Underground and overhead utilities on planned profile, 38 but not depending on gravity flow for performance, should not exceed 0.1 ft. 39 tolerance. 40 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 41 specifications or in compliance to standards. The City reserves the right to request a 42 calibration report at any time and recommends regular maintenance schedule be 43 performed by a certified technician every 6 months. 44 1. Field measurements of angles and distances shall be done in such fashion as to 45 satisfy the closures and tolerances expressed in Part 3.1.A. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 1 2. Vertical locations shall be established from a pre-established benchmark and 2 checked by closing to a different bench mark on the same datum. 3 3. Construction survey field work shall correspond to the client's plans. Irregularities 4 or conflicts found shall be reported promptly to the City. 5 4. Revisions,corrections and other pertinent data shall be logged for future reference. 6 7 3.2 EXAMINATION [NOT USED] 8 3.3 PREPARATION [NOT USED] 9 3.4 APPLICATION 10 3.5 REPAIR/RESTORATION 11 A. If the Contractor's work damages or destroys one or more of the control 12 monuments/points set by the City,the monuments shall be adequately referenced for 13 expedient restoration. 14 1. Notify City if any control data needs to be restored or replaced due to damage 15 caused during construction operations. 16 a. Contractor shall perform replacements and/or restorations. 17 b. The City may require at any time a survey"Field Check"of any monument 18 or benchmarks that are set be verified by the City surveyors before further 19 associated work can move forward. 20 3.6 RE-INSTALLATION [NOT USED] 21 3.7 FIELD loR] SITE QUALITY CONTROL 22 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 23 City in accordance with this Specification. This includes easements and right of way,if 24 noted on the plans. 25 B. Do not change or relocate stakes or control data without approval from the City. 26 3.8 SYSTEM STARTUP 27 A. Survey Checks 28 1. The City reserves the right to perform a Survey Check at any time deemed 29 necessary. 30 2. Checks by City personnel or 31 party contracted surveyor are not intended to relieve 31 the contractor of his/her responsibility for accuracy. 32 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 1 3.9 ADJUSTING [NOT USED] 2 3.10 CLEANING [NOT USED] 3 3.11 CLOSEOUT ACTIVITIES [NOT USED] 4 3.12 PROTECTION [NOT USED] 5 3.13 MAINTENANCE [NOT USED] 6 3.14 ATTACHMENTS [NOT USED] 7 END OF SECTION 8 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement&payment under 1.2;added 8/31/2017 M.Owen definitions and references under 1.3;modified 1.6;added 1.7 closeout submittal requirements;modified 1.9 Quality Assurance;added PART 2—PRODUCTS; Added 3.1 Installers;added 3.5 Repair/Restoration;and added 3.8 System Startup. 9 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised August 31,2017 02552 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 I -General Requirements 13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 01 7423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits,oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 Of 7423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights,signals,etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 01 77 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 7423. 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 017719-3 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 loR] 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 01 78 23-1 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 I. 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 I. Division 0- -Bidding Requirements,Contract Forms and Conditions of the Contract 16 2. Division l --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 01 33 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum,white,for typed pages 36 2) Holes reinforced with plastic,cloth or metal 37 c. Text: Manufacturer's printed data,or neatly typewritten CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS]: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,2012 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised December 20,20I2 02552 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 l. 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July I,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 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 IoR] 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 Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1,2011 02552 DIVISION 02-TxDOT REQUIREMENTS DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS PROJECT: FOR THE CONSTRUCTION OF CITY OF FORT WORTH WILBARGER STREET& MILLER AVENUE PEDESTRIAN, SIGNAL, & LIGHTING IMPROVEMENTS COUNTY: TARRANT TXDOT CSJ: 0172-06-092 The following goal for disadvantaged business enterprises is established: DBE 3.00% 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. Buy America §635.410 Buy America requirements. (a)The provisions of this section shall prevail and be given precedence over any requirements of this subpart which are contrary to this section. However,nothing in this section shall be construed to be contrary to the requirements of§ 635.409(a)of this subpart. (b)No Federal-aid highway construction project is to be authorized for advertisement or otherwise authorized to proceed unless at least one of the following requirements is met: (1)The project either:(i)Includes no permanently incorporated steel or iron materials, or(ii)if steel or iron materials are to be used, all manufacturing processes, including application of a coating,for these materials must occur in the United States. Coating includes all processes which protect or enhance the value of the material to which the coating is applied. (2)The State has standard contract provisions that require the use of domestic materials and products, including steel and iron materials,to the same or greater extent as the provisions set forth in this section. (3)The State elects to include alternate bid provisions for foreign and domestic steel and iron materials which comply with the following requirements.Any procedure for obtaining alternate bids based on furnishing foreign steel and iron materials which is acceptable to the Division Administrator may be used.The contract provisions must(i)require all bidders to submit a bid based on furnishing domestic steel and iron materials, and(ii)clearly state that the contract will be awarded to the bidder who submits the lowest total bid based on furnishing domestic steel and iron materials unless such total bid exceeds the lowest total bid based on furnishing foreign steel and iron materials by more than 25 percent. (4)When steel and iron materials are used in a project,the requirements of this section do not prevent a minimal use of foreign steel and iron materials, if the cost of such materials used does not exceed one-tenth of one percent(0.1 percent)of the total contract cost or$2,500,whichever is greater.For purposes of this paragraph,the cost is that shown to be the value of the steel and iron products as they are delivered to the project. (c)(1)A State may request a waiver of the provisions of this section if; (i) The application of those provisions would be inconsistent with the public interest; or (ii) Steel and iron materials/products are not produced in the United States in sufficient and reasonably available quantities which are of a satisfactory quality. (2)A request for waiver,accompanied by supporting information, must be submitted in writing to the Regional Federal Highway Administrator(RFHWA)through the FHWA Division Administrator.A request must be submitted sufficiently in advance of the need for the waiver in order to allow time for proper review and action on the request.The RFHWA will have approval authority on the request. (3)Requests for waivers may be made for specific projects,or for certain materials or products in specific geographic areas, or for combinations of both,depending on the circumstances. (4)The denial of the request by the RFHWA may be appealed by the State to the Federal Highway Administrator (Administrator),whose action on the request shall be considered administratively final. (5)A request for a waiver which involves nationwide public interest or availability issues or more than one FHWA region may be submitted by the RFHWA to the Administrator for action. (6)A request for waiver and an appeal from a denial of a request must include facts and justification to support the granting of the waiver.The FHWA response to a request or appeal will be in writing and made available to the public upon request. Any request for a nationwide waiver and FHWA's action on such a request may be published in the Federal Register for public comment. (7)In determining whether the waivers described in paragraph(c)(1)of this section will be granted,the FHWA will consider all appropriate factors including, but not limited to,cost,administrative burden,and delay that would be imposed if the provision were not waived. (d)Standard State and Federal-aid contract procedures may be used to assure compliance with the requirements of this section. [48 FR 53104, Nov. 25, 1983, as amended at 49 FR 18821,May 3, 1984; 58 FR 38975,July 21, 1993] State of Texas Child Support Business Ownership Form County: Tarrant Project Name: Wilbarger & Miller Ave Pedestrian Signal & Lighting TxDOT CSJ: o172-06-092 LG Project Number: Business Entity Submitting Bid: Bean Electrical, Inc Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25%or more of the business entity submitting the bid. 1. In the spaces below please provide the names and social security number of individuals owning 25%or more of the business. Name Social Security Number Roy E Bean II 449-21-1177 2. Please check the box below if no individual owns 25%or more of the business. I No individual own 25%or more of the busir;ess. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act(42 USC Section 601-617 and 651-689). 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. The information collected on this form will be maintained by Enter Local Government Name . With few exceptions,you are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of the Texas Goveerr ode,you also are entitled to receive and review the information. Under Section 559.004 of the Governme,,0 od ou area entitled to have information about you corrected that you believe is incorrect. 1,7 2/15/2018 Signature Date Roy E Bean II Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM. 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: N/ a.contract N/ a. bid/offer/application N/ a. initial filing b.grant . initial award b. material change c.cooperative agreement c.post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report _ f. loan insurance 4.Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name Prime ❑Subawardee and Address of Prime: Tier , if known N/A N/A Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: N/A N/A CFDA Number, if applicable: 8.Federal Action Number,if known: 9.Award Amount,if known: N/A $ N/A 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): N/A N/A 11.Information requested through this form Is authorized by title 31 U.S.C.section Signature: 1352. This disclosure of lobbying activities Is a material representation of face g upon which reliance was placed by the her above when this transaction was made Print Name: Roy E Bean I I or entered Into. This disclosure is required pursuant to 31 U.S.C.1352. This information will be available for pubic Inspection. Any person who fails to trio the required disclosure shah be subject ioa civil penalty of not less than$10,001)and Title: President not more than$100,000 for each such faiure. Telephone No.: 817 561 7400 Date: 2/15/201 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 previousfiling,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make paymentto 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 Memberof Congress in connection with a covered Federal action.Completeall items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously 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 appropriate classification of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1 st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of 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 15 day of February ,2 p-18 Bean Electrical, Inc of Organization) Ro Bea .-TI (T t=Persongning) !r (Signature) ACKNOWLEDGEMENT STATE OF �TQX4 5 ) ss COUNTY OF —M Kr VI } 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 �. C7 day of re�rc4�trq 2 0 t "���Nota�ryftblic Signature JOSEPHINE ANN AYALA Notary Public,State of Texae My Commission Expires: Comm.Expires Notary ID 130997849 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 6 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 frrrns which bid as a prime contractor and from which the bidder received quotations for work on this project. 2. Identify all the firms which bid as a prime contractor to which the bidder gave quotations for work on this project. 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. 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J 2 2 2 2 o J °l o C a a a a a W X � w In in U) In & w In r r 3 3 d m a 5� 5� Yp3 y Q N m 3 M M 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 bion 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 Polk 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 lRandall 7 01-06-2017 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. ON No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. (iv) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause,or for which an adjustment is provided or excluded under any other term or condition of this contract. (3) Significant changes in the character of work. (i) The engineer reserves the right to make,in writing,at any time during the work,such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project.Such changes in quantities and alterations shall not invalidate the contract nor release the surety,and the contractor agrees to perform the work as altered. (ii) If the alterations or changes in quantities significantly change the character of the work under the contract,whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character,an adjustment,excluding anticipated profit,will be made to the contract.The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon,then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. (iii) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract,the altered work will be paid for as provided elsewhere in the contract. (iv) The term "significant change"shall be construed to apply only to the following circumstances: (A) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (B) When a major item of work,as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity.Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity,or in case of a decrease below 75 percent,to the actual amount of work performed. (b) The provisions of this section shall be governed by the following: (1) Where State statute does not permit one or more of the contract clauses included in paragraph(a)of this section,the State statute shall prevail and such clause or clauses need not be made applicable to Federal-aid highway contracts. (2) Where the State transportation department has developed and implemented one or more of the contract clauses included in paragraph (a)of this section,such clause or clauses,as developed by the State transportation department may be included in Federal-aid highway contracts in lieu of the corresponding clause or clauses in paragraph(a)of this section.The State's action must be pursuant to a specific State statute requiring differing contract conditions clauses.Such State developed clause or clauses,however,must be in conformance with 23 U.S.C.,23 CFR and other applicable Federal statutes and regulations as appropriate and shall be subject to the Division Administrator's approval as part of the PS&E. (c) In the case of a design-build project,STDs are strongly encouraged to use"suspensions of work ordered by the engineer"clauses,and may consider"differing site condition"clauses and "significant changes in the character of work"clauses which are appropriate for the risk and responsibilities that are shared with the design-builder. Project Number: CM 1502(653) Sheet A County: Tarrant Control: 0172-06-092 Highway: N/A **** Specification Data **** Basis of Estimate ***************** Item Description Rate Unit 166 Fert(16-8-8) 600 lb./acre** ton 168 Vegetative Watering 169,400 gal./acre 1,000 gal. 210 Roll (Med Pneum Tire)(TY B)Surf Treat 1 hr./2000 sq. yd./crse** hr. 216 Roll (Proof) 18" Lime Treat. Subgr. 1 hr./10000 sq. yd./crse** hr. 216 Roll (Proof) 36"Lime Treat. Subgr. 1 hr./10000 sq. yd./crse** hr. 260 Lime (Hydrated, Commercial Or Quicklime)(Slry) 150 Ib./cu. yd. ton 260 Lime (Quicklime) 120 Ib./cu. yd. ton 275 Cement(Subgr.)(PI<20) 125 lb./cu. yd. ton 275 Cement(New Base)(Road-Mixed) 75 lb./cu. yd. ton (For Type E, Gr. 4) 275 Cement(New Base)(Road-Mixed) 125 lb./cu. yd. ton (For Type A, Gr. 4) 275 Cement(Existing Base)(Road-Mixed) 125 lb./cu. yd. ton (For Type A, Gr. 4) 276 Cement(New Base)(Plant Mixed)(C1. N) 125 lb./cu. yd. ton (For Type A, Gr. 4) 276 Cement(Existing Base)(Plant Mixed)(Cl. N) 125 lb./cu. yd. ton (For Type A, Gr. 4) 310 Asph Mat'l (MC-30, AE-P, or EC-30) 0.2 gal./sq. yd.* gal. (Subgrade)(Priming) 310 Asph Mat'l (MC-30, AE-P, or EC-30) 0.3 gal./sq. yd.* gal. (Flex Base) General Notes Sheet A Project Number: CM 1502(653) Sheet B County: Tarrant Control: 0172-06-092 Highway: N/A 310 Asph Mat'l(MC-30, AE-P, or EC-30) 0.2 gal./sq. yd.* gal. (Cement Treated Base) 314 Asph Mat'l(MC-30, AE-P,or EC-30) 0.2 gal./sq. yd.* ** gal. (Subgrade)(Curing) 315 Emuls Asph Seal (MS-2) 0.04 gal./sq. yd. gal. 340 Hot Mix(All Types) 115 lb./(sq. yd.-in.) ton 341 Hot Mix (All Types) 115 lb./(sq. yd.-in.) ton 342 Permeable Friction Course 95 Ib./(sq.yd.-in.) ton 344 Performance-Designed Mixtures 115 Ib./(sq. yd.-in.) ton 346 Stone-Matrix Asphalt 115 Ib./(sq. yd.-in.) ton 356 Asph(PG) 0.30 gal./sq. yd. gal. * Based On 50%Asphalt Residue. ** Non-Pay, for Contractor's Information Only. Compaction Requirements for Base Courses: **************************************** (Percent Of Density As Determined By Compaction Ratio Test TEX-113-E) ITEM MATERIAL COURSE MIN DENSITY 247 Foundation Course All 95 % 247 Flex Base All 100% 275 Cement Treat. All 95 % 276 Cement Treat. All 95 % Surface Treatment Data: ********************** General Notes Sheet B Project Number: CM 1502(653) Sheet C County: Tarrant Control: 0172-06-092 Highway: N/A One Course on Subgrade or Flex Base Asph Type AC-5, AC-10, or RC-3000 Rate 0.56 gal./sq. yd. Aggr Type PB or Lightweight Grade 4 Rate 1 cu. yd./135 sq. yd. One Course on Existing Pavement(Seal Coat) Asph Type CRS-2 or CRS-2H Rate 0.40 gal./sq. yd. Aggr Type B Grade 4 Rate 1 cu.yd./110 sq. yd. One Course Adj to Two Course, Roadway Asph Type AC-5 (Latex Additive) Rate 0.30 gal./sq. yd. Aggr Type B Grade 4 Rate 1 cu. yd./135 sq. yd. Two Course Asph Type AC-5 or AC-10(Latex Additive)(All Courses) Rate 1st Crse: 0.56 gal./sq. yd. (on subgrade or flex base) 1 st Crse: 0.25 gal./sq. yd. (on existing pavement) 2nd Crse: 0.30 gal./sq. yd. Aggr Type B (1 st Course) Grade 3 Mod (1 st Course) Rate 1 cu. yd./95 sq. yd. (1 st Course) Aggr Type PB (2nd Course) Grade 4 (2nd Course) Rate 1 cu. yd./115 sq. yd. (2nd Course) Hot Asphalt-Rubber Surface Treatments General Notes Sheet C Project Number: CM 1502(653) Sheet D County: Tarrant Control: 0172-06-092 Highway: N/A Asph Type AC-5 (Crumb Rubber Additive) Rate 0.65 gal./sq. yd. Aggr Type PB or Lightweight Grade 3 Rate 1 cu. yd./150 sq. yd. Note: The rates of asphalt and aggregate application are for estimating purposes only and may be varied as directed. Special Notes: *************** Calculating, Recording and Reporting Test Data- Use appropriate TxDOT Excel templates to calculate and record all test data. These forms are available on the TxDOT website at http://www.txdot.gov/inside-txdot/forms-publications/consultants-contractors/forms/site- mana e� under the"Site Manager Forms"heading. Submit test results by email or CD within 24 hours of test completion. 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. Existing storm sewers and utilities are shown from the best available information. Verify the location of all underground facilities prior to starting work. For dimensions of right of way not shown on the plans, see right of way map on file at the TxDOT District Office. General Notes Sheet D Project Number: CM 1502(653) Sheet E County: Tarrant Control: 0172-06-092 Highway: N/A Remove all existing fences within the right of way and remove and replace all existing fences within easements where such fences conflict with the work. Protect the remaining fence from damage due to slacking. Erect temporary fencing in the easement areas as necessary to secure the property. Provide at least one week notice to the property owner prior to removing or relocating the fence. Restore permanent fencing to an equal or better condition. Provide all-weather surface for temporary ingress and egress to adjacent property, as directed. Materials, labor, equipment and incidentals necessary to provide temporary ingress and egress will not be paid for directly, but will be subsidiary to the various bid items. Locations and lengths of all private entrances are approximate only. The actual locations, lengths, lines and grades are to be determined by the Engineer and should conform to the regulations of The City of Fort Worth. Take care that existing curb and curb and gutter is not discolored or damaged during construction operations. In the event of discoloration or damage, clean or repair as directed. Remove the grass from the crown of shoulders or pavement edges by blading or other approved methods. Payment for this work will not be made directly but will be subsidiary to the various items of the contract. The City will perform certain preliminary work and will complete the work in such sequence and manner that the Contractor will be able to begin his work at the specified time. The State will perform certain preliminary work and will complete the work in such sequence and manner that the Contractor will be able to begin his work at the specified time. General Notes Sheet E Project Number: CM 1502(653) Sheet F County: Tarrant Control: 0172-06-092 Highway: N/A Item 7. Legal Relations and Responsibilities This contract requires work to be done on railroad property. Cooperate with the railroads and comply with all of their requirements including obtaining any required training before performing work on railroad property. Submit to the Engineer an original railroad liability insurance policy. Do not initiate activities in a project specific location (PSL)associated with a U.S. Army Corps of Engineers(USACE)permit area that has not been previously evaluated by the USACE as part of the permit review of this project. Such activities include, but are not limited to haul roads, equipment staging areas, borrow and disposal sites. "Associated"as defined here means materials are delivered to or from the PSL. The permit area includes all waters of the U.S. or associated wetlands affected by activities associated with this project. Special restrictions may be required for such work. The contractor will be responsible for all consultations with the USACE regarding activities, including project specific locations(PSLs)that have not been previously evaluated by the USACE. Provide the Department with a copy of all consultations or approvals from the USACE prior to initiating activities. The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self determination has been made that the PSL is non jurisdictional or proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the permit review of this project. The contractor is solely responsible for documenting any determinations that their activities do not affect a USACE permit area. Maintain copies of these determinations for review by the Department or any regulatory agency. Document and coordinate with the USACE, if required, prior to any excavation hauled from or embankment hauled into a USACE permit area by either(1)or(2)below. (1) Restricted Use of Materials for Previously Evaluated Permit Areas. Document both the project specific location (PSL)and its authorization. Maintain copies for review by the Department or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material in the areas shown on the plans and cross sections as specified in Item 110 is used for permanent or temporary fill(Item 132, Embankment)within a USACE permit area; b. Suitable embankment(Item 132)from within the USACE permit area is used as fill within a USACE evaluated area; and, c. Unsuitable excavation or excess excavation ["Waste"] (Item 110)that is disposed of at a location approved by the Engineer within a USACE evaluated area. (2) Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of all USACE coordination or approvals prior to initiating any activities for an area within the project limits that has not been General Notes Sheet F Project Number: CM 1502(653) Sheet G County: Tarrant Control: 0172-06-092 Highway: N/A evaluated by the USACE or for any off right of way locations used for the following, but not limited to haul roads, equipment staging areas, borrow and disposal sites: a. Item 132, Embankment, used for temporary or permanent fill within a USACE permit area; and, b. Unsuitable excavation or excess excavation ["Waste"] (Item 110, Excavation)that is disposed of outside a USACE evaluated area. The total area disturbed for this project is 0.69 acres. The disturbed area in this project, all project locations in the Contract, and the Contractor project specific locations(PSLs), within 1 mile of the project limits, for the Contract will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the right of way. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres, provide a copy of the Contractor NOI for PSLs on the right of way to the Engineer and to the local government that operates a separate storm sewer system. Item 8. Prosecution and Progress Working days will be computed and charged in accordance with Section 8.3.1.1, `Five-Day Workweek.' Item 100. Preparing Right of Way Measurement for this item will be along the centerline of the project with the limits of measurements as shown on the plans. Removal of existing concrete pavement will be in accordance with Item 104, "Removing Concrete" except that this work will not be paid for directly, but will be subsidiary to Item 100, "Preparing Right of Way." Item 104. Removing Concrete When associated with a structure to be removed, removal of riprap as required, approach slabs, and shoulder drains are to be included in the unit price bid for Item 496, "Removing Structures." General Notes Sheet G Project Number: CM 1502(653) Sheet H County: Tarrant Control: 0172-06-092 Highway: N/A Item 105. Removing Treated and Untreated Base and Asphalt Pavement Cement, lime, and/or lime fly-ash treated base material to be removed on this project will become the property of the Contractor. Item 160. Topsoil Place approximately 4 inches of topsoil on areas shown or directed. Excavation for topsoil should not exceed 3 feet in depth unless otherwise directed. Item 162. Sodding for Erosion Control Furnish and place Bermudagrass sod. Item 166. Fertilizer Fertilize all areas of project to be seeded or sodded. Item 168. Vegetative Watering Furnish and install an approved rain gauge at the project site, as directed. Furnishing and installation of the rain gauge will not be paid for directly, but will be subsidiary to Item 168. Apply vegetative watering for an establishment period of thirteen weeks following application of seed or installation of sod, at a rate of 1/2 inch of water depth per week(approximately 13,030 gallons per acre). During the first four weeks after seeding, apply water twice per week, on non- consecutive days, each at half the weekly application rate. For the remainder of the establishment period, apply vegetative watering once per week during the months of January through June or September through December, at the weekly application rate; apply watering twice per week, on non-consecutive days during the months of July and August, each at one-half the weekly application rate. General Notes Sheet H Project Number: CM 1502(653) Sheet I County: Tarrant Control: 0172-06-092 Highway: N/A 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" June-0.63" September-0.74" December-0.37" Item 247. Flexible Base (TY A, GR 4) Furnish crushed stone, gravel, or crushed gravel aggregate conforming to the following requirements: Gradation: Retained on Percent(%) Sieve Size by Weight 1-3/4 in. 0-5 7/8 in. 5-35 No. 4 40-75 No. 40 65-85 Plasticity Index(PI) 12 max.,4 min. Liquid Limit 45 max. Wet Ball Mill 50 max. Wet Ball Mill, % 20 max. Increase Passing the No. 40 Place material in two or more equal lifts unless otherwise directed. Do not add field sand to modify the final material to meet the requirements. Build and maintain a 5,000 cu. yd. stockpile of approved material before and during hauling operations. (TY E, GR 4) Use this item for the foundation course under the approach slabs and other locations shown on the plans. Furnish aggregate conforming to the following requirements: Gradation: Retained on Percent(%) Sieve Size by Weight 1-3/4 in. 0-5 General Notes Sheet I Project Number: CM 1502(653) Sheet J County: Tarrant Control: 0172-06-092 Highway: N/A No. 4 30-75 No. 40 65-85 Plasticity Index (PI) 15 max. Liquid Limit 45 max. Wet Ball Mill 50 max. Wet Ball Mill, % 20 max. Increase Passing the No. 40 Place material in two or more equal lifts unless otherwise directed. Do not add field sand to modify the final material to meet the requirements. Cement treat in accordance with Item 275. Treat the raw subgrade with lime to a depth of 18" for: • FiIls equal to or greater than 18"—soil PI > 39 • Fills <18"—soil PI >29 • All cuts—soil PI >29 • Any location directed by the Engineer Treat the raw subgrade with lime to a depth of 36" for: • Fills equal to or greater than 36"—soil PI > 59 • Fills< 36"—soil PI > 49 • All cuts—soil PI> 49 • Any location directed by the Engineer Item 310. Prime Coat Provide an AE-P or EC-30 for this Item. Apply AE-P as specified in Item 314, "Emulsified Asphalt Treatment." General Notes Sheet J Project Number: CM 1502(653) Sheet K County: Tarrant Control: 0172-06-092 Highway: N/A Item 314. Emulsified Asphalt Treatment Provide MS-2 for this Item. Use between a 301/6-50% asphalt residue mixed with 501/0-70% heated water added at the plant. Item 341. Dense-Graded Hot-Mix Asphalt In Table 1,the Micro-Deval abrasion test is not required. RAP aggregate must meet the requirements of Table 1. Provide aggregate with a Surface Aggregate Classification(SAC) value of Provide a PG 70-22 asphalt for the surface course. Provide a PG 70-22 asphalt for the level-up course. Provide a PG 64-22 asphalt for the base course. Provide a PG 64-22 asphalt for the concrete underlayment course. Provide the PG 70-22 asphalt with either of the following modification alternatives: * PG 64-22 modified with SBR Latex at the Hot Mix Plant. * AC-10 modified with SBR Latex at the Hot Mix Plant. When the asphalt is modified at the Hot Mix Plant, provide the PG 64-22 or AC-10 refinery certification. The additive rate for the SBR Latex will be based upon the quantity needed blended with the asphalt to produce the required asphalt grade shown above. Grade Substitution per Table 5 is not allowed. Furnish a CSS-1 P with greater than 50%asphalt residue for the tack coat on this project. Warm Mix Asphalt(WMA) is required for this project. Use the following notes when using Warm Mix Asphalt (WMA): Notify the District Pavement Design Engineer (Andrew V. Kissig, P.E., CFM; Andy.K issi R-ktxdot.gov )with the following information: 1. Project CSJ, 2. pavement layer/location(surface, base, shoulder level-up, other)with the corresponding thicknesses, General Notes Sheet K Project Number: CM 1502(653) Sheet L County: Tarrant Control: 0172-06-092 Highway: N/A 3. mix type(Type A, B, C, D, or F), 4. approximate tonnage used for each application, and 5. WMA additive process used from the Tx DOT Material Producer List available at htp://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpl/wma.pdf. Use any approved "Chemical Additive" for all mix applications. Use an approved system to measure and produce a recorded printout of the amount of WMA additive going into the mix. Delivery temperature shall be a maximum of 235° F. Delivery and roll out temperatures will be modified by the Supplier and accepted by the Engineer. All work related to WMA product additives is subsidiary to this item. An authorized representative of the WMA product additive supplier will be present onsite during the first day of asphalt placement. RAP and RAS are not permitted in any surface mixes on this project. Substitute binders are not allowed on this project. A pre-paving meeting with the Engineer is not required for this project. Use only the Superpave Gyratory Compactor(SGC)to design the mixture. Use the Boil Test, Test Procedure Tex-530-C, and provide only mixes that produce zero percent (0%) stripping for design verification and during production. For Table 10,the Minimum Number of Passes required for the High-Temperature Binder Grade of PG 70-22 is waived for the surface mix. For Table 10,the Minimum Number of Passes required for the High-Temperature Binder Grade of PG70-22 is reduced by 5,000 passes for all mixes used in areas other than the surface. Include the approved mix design number on each delivery ticket. Use a Material Transfer Device(MTD) unless otherwise directed. Shoulders, ramps, crossovers, and other areas listed on the Plan sheets or as directed are not subject to in-place air void determination for this project. Temporary detours are subject to in-place air void determination for this project. Use Surface Test Type B for this project. Ride quality is not required on this project. General Notes Sheet L Project Number: CM 1502(653) Sheet M County: Tarrant Control: 0172-06-092 Highway: N/A Item 502. Barricades, Signs,and Traffic Handling The contractor force account `safety contingency' that has been established for this project is intended to be utilized for work zone enhancements to improve the effectiveness of the traffic control plan that could typically not be foreseen in the project's planning and design stage. These enhancements will be mutually agreed upon by the Engineer and the Contractor's responsible person based on weekly(or more frequent)traffic management reviews on the project. The Engineer may choose to use existing bid items if it does not slow the implementation of enhancement. Maintenance of roadways, not paid as Item 508, "Constructing Detours," and designated in the traffic control plan to carry traffic, will be the responsibility of the Contractor and will be paid for by "Contractor Force Account or Agreed Unit Price". Permanent signs may be installed when construction in an area is complete and they will not conflict with the traffic control plan for the remainder of the job. Existing signs are to remain as long as they do not interfere with construction and they do not conflict with the traffic control plan. Any sign not detailed in the plans but called for in the layout will be as shown in the current "Standard Highway Sign Designs for Texas". When traffic is obstructed, arrange warning devices in accordance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices". Cover or remove any work zone signs when work or condition referenced is not occurring. During the construction of the proposed raised medians and right turn lane (southeast)on the northwest and southeast quadrants of the intersection of Wilbarger Street and Miller Avenue, trucks traveling south along Miller Avenue will be prohibited from making a right turn onto General Notes Sheet M Project Number: CM 1502(653) Sheet N County: Tarrant Control: 0172-06-092 Highway: N/A Wilbarger Street(westbound). Likewise,trucks traveling north along Miller Avenue will be prohibited from making a right turn onto Wilbarger Street(eastbound)until construction is completed in these areas. Passenger vehicles will be allowed to execute the movements described above during the course of the aforementioned construction. Item 506. Temporary Erosion,Sedimentation,and Environmental Controls The SW3P for this project will consist of using the following items as directed: • Temporary sediment control fence • Curb Inlet Protection Remove accumulated sediment or replace SW3P controls when the capacity has been reduced by 50%or when the depth of sediment at the control structure exceeds one foot. Item 528. Colored Textured Concrete and Landscape Pavers Ensure that all signal pole foundations, sign bases, electrical ground boxes,manholes, inlets and other appurtenances within the area to be paved are constructed to the proper finished grade. The paver installation contractor must have a minimum of 3 years experience in the installation of interlocking concrete pavers. All pavers will conform to ASTM C 936(6). Where exposed to vehicular traffic, pavers will be 3-1/8"thick. In all other areas, pavers will be a minimum 2-3/8" thick. Provide certification from a professional test laboratory showing that the materials used and fabrication of the pavers meet or exceed these requirements. All pavers will be free of defects that would interfere with proper placement or impair the strength or performance of the units. Acceptance of pavers which contain minor cracks, incidental to the usual methods of manufacture and shipping or resulting from customary methods of handling and delivery, will be at the Engineer's discretion. Deliver pavers to the project site on pallets, bound in such a manner as to prevent damage to the product during shipping, handling, and unloading. Furnish flexible base meeting the requirements of Item 247, "Flexible Base," Type A, Grade 4. Restrain all edges of the paved area. Edge restraints will be cast-in-place concrete grade beams, 4"wide x 8"deep,or as shown on the plans. Existing sidewalk, curb, or pavement can also serve as edge restraints. General Notes Sheet N Project Number: CM 1502(653) Sheet O County: Tarrant Control: 0172-06-092 Highway: N/A Use string lines to maintain true pattern lines relative to back of curb, sidewalk, pavement or edge restraint, or as directed. Fill gaps at the perimeter of the paved area with standard edge units or units cut to fit. Cut pavers with a masonry saw, leaving a smooth, clean edge. Pavers which spall along a cut edge will be rejected. Upon completion of construction, sweep and clean the paver surface of all excess sand, soil, foreign material, or stains. Items 530 And 531. Intersections,Driveways and Turnouts,and Sidewalks The furnishing and installation of the sand cushion in proposed sidewalks, sidewalk ramps, and driveways will not be paid for directly but will be subsidiary to this bid item. General Notes Sheet 0 TEXAS DEPARTMENT OF TRANSPORTATION GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS ALL SPECIFICATIONS AND SPECIAL PROVISIONS APPLICABLE TO THIS PROJECT ARE IDENTIFIED AS FOLLOWS: STANDARD SPECIFICATIONS: ADOPTED BY THE TEXAS DEPARTMENT OF TRANSPORTATION NOVEMBER 1,2014. STANDARD SPECIFICATIONS ARE INCORPORATED INTO THE CONTRACT BY REFERENCE. ITEMS 1L TO 9L INCLUDED ITEM 100 Prepare Right-of-Way ITEM 104 Removing Concrete ITEM 105 Removing Treated and Untreated Base and Asphalt Pavement ITEM 110 Excavation ITEM 161 Compost ITEM 162 Sodding for Erosion Control(166)(I68) ITEM 341 Dense-Graded Hot-Mix Asphalt(300x320)(520) ITEM 416 Drilled Shaft Foundations(420)(421)(440)(448) ITEM 500 Mobilization ITEM 502 Barricades, Signs,Traffic Handling ITEM 506 Temporary Erosion, Sedimentation,and Environmental Controls ITEM 528 Colored Textured Concrete(420)(421)(440) ITEM 529 Concrete Curb&Gutter(360)(420)(421)(440) ITEM 531 Sidewalks(360)(420)(421)(440) ITEM 618 Conduit(400)(476) ITEM 620 Electrical Conductors ITEM 624 Ground Boxes(420)(421)(432)(440x618)(620) ITEM 628 Electrical Services (441)(445)(449x618)(620)(627)(656) ITEM 636 Signs ITEM 644 Small Roadside Sign Supports and Assemblies(421)(440)(441) (442)(445)(636)(643)(656) ITEM 650 Overhead Sign Supports(416)(421)(441)(442)(445)(449)(618) ITEM 666 Reflectorized Pavement Markings(677)(678) ITEM 672 Raised Pavement Markers(677)(678) ITEM 677 Eliminating Existing Pavement Markings and Markers(300)(302)(316) ITEM 680 Highway Traffic Signals(610)(625)(627)(636)(656) ITEM 682 Vehicle and Pedestrian Signal Heads ITEM 684 Traffic Signal Cables ITEM 687 Pedestal Pole Assemblies(445)(449)(656) ITEM 688 Pedestrian Detectors and Vehicle Loop Detectors(618)(624)(682)(684) ITEM 690 Maintenance of Traffic Signals(686) ITEM 6058 Battery Back-Up System for Signal Cabinets ITEM 7012 Curb Inlet Sediment Control Device SPECIAL PROVISIONS SP 000-001L Schedule of Liquidated Damages SP 000-002L Nondiscrimination SP 000-003L Certification of Nondiscrimination in Employment CITY OF FORT WORTH US 287 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0172-06-092 Revised July 1,2011 City Project Number:02552 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 1]246) SP 000-394L Disadvantaged Business Enterprise in Federal-Aid Contracts SP 002-0011 L Instructions to Bidders SP 007-001L Legal Relations and Responsibilities SP 506-001 L Temporary Erosion, Sedimentation,and Environmental Controls SPECIAL SPECIFICATIONS SS 9996 Hybrid Detection System SS 9999 LED Decorative Illumination Assembly END OF SECTION CITY OF FORT WORTH US 287 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0172-06-092 Revised July I,2011 City Project Number:02552 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 TxDOT Standard Specifications,Special Specifications,and required Special Provisions or request TxDOT written approval of alternate,equivalent specifications. TxDOT's"2014 Standard Specifications for Construction and Maintenance of Highways, Streets,and Bridges"are the latest TxDOT 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 TxDOT 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 TxDOT 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 TxDOT 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 1L 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 furnished. 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 furnished 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,slung 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.A joint 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 or 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 party 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 the City of Ft.Worth. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained at http://fortworthtexas.gov/purchasing/. 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.The 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: ■ 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. ■ 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. 8.1.1. 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 all joint 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 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. 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"bank").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+B1 +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. 1.1 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. 1.3. 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 attomey.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 Bonding Requirements Contract Amount Required Bonds Less than$25,000 None $25,000 to$100,000 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 Requirements Type of Insurance Amount of Coverage Commercial General Liability Insurance Not Less Than: $600,000 each occurrence Business Automobile Policy Not Less Than: $600,000 combined single limit Workers'Compensation Not Less Than: Statutory 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 assignment justified 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 The intent of the Contract is to describe the completed work to be performed. Furnish materials,supplies, tools,equipment,labor,and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 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. External 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 <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 to observe,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 A roval Re uirements for Workin Drawin s Requires LicensedRequires Owner Working Drawings For Professional Engineer's Approval Signature,Seal,and Date 1.Alternate or optional designs Yes Yes submitted bContractor 2.Supplementary shop and fabrication No See applicable drawings for structural Items unless required 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 and walls,and other unless otherwise No' falsework major structures shown on the plans details No Minor structures unless otherwise No _ shown on the plans 5.Erection drawings Yes No',z 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: ■ 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. 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 party 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 outtall 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 1. SOURCE CONTROL Use only materials that meet Contract requirements.Unless otherwise specified or approved,use new materials for the work.Secure the Engineer's approval of the proposed source of materials to be used before their delivery.Materials can be approved at a supply source or staging area but may be reinspected in accordance with Article 6.4.,"Sampling,Testing,and Inspection." 1.1. 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. ■ 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 excavation areas and meeting the Owner's specifications may be used in the work.This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission.If excavation is allowed within a right of way project-specific location (PSL),replace the removed material with suitable material at no cost to the 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 1.1. 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. 1.2. 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.,"Flaggers,"for the safety and convenience of the traveling public and workers,as directed. If the Engineer determines that any of the requirements of this article have not been met,the Engineer may take any necessary corrective action.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-party 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: ■ 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. 17.1. 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,tornado,hurricane,or other cataclysmic phenomena of nature. 17.2. Appurtenances. 17.2.1. Unreimbursed Repair.Except for destruction(not reusable)due to hurricanes,reimbursement will not be made for repair of damage to the following temporary appurtenances,regardless of cause: ■ signs, ■ barricades, ■ changeable message signs,and ■ other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 7.17.2.2.,"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 7.17.1.,"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 7.17.1.,"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 Requirements 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 plans 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 working drawings person Conduit in cast-in-place section Inspection by licensed electrician or certified on All other electrical work(troubleshooting, Licensed electrician or workers directly repairs,component replacement,etc.) supervised by a 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 8L Prosecution 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,the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the performance of critical activities.When all of the work is suspended for reasons not under the control of the Contractor,the Engineer will suspend working day charges. 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 7.1. 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. 1.1. 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. 1.2. 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. 7.1. 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. 7.1.4.3. 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 party not owned by the Contractor: in 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. 000-001L Special Provision to Item 000 Schedule of Liquidated Damages The dollar amount of daily contract administration Liquidated Damages per Working Day is$1,250.00. 1 09-14 Statewide 000-002L 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") 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 000.003L Special Provision to Item 000 Certification of Nondiscrimination in Employment 1. 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 000.004L Special Provision to Item 000 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. GENERAL In addition to the affirmative action requirements of the Special Provision titled"Standard Federal Equal Employment Opportunity Construction Contract Specifications"as set forth elsewhere in this proposal,the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2. GOALS 2.1. Goals for minority and female participation 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 in each trade,% in each trade,% See Table 1 6.9 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 1. 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs(OFCCP)reporting and record keeping requirements as provided for under Executive Order 11246 as amended.OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Mino Participation County Participation,% County Participation,% Anderson 22.5 Chambers 27.4 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 sworth 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 Co ell 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 Burnet 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 Paso 57.8 Kenedy 44.2 Erath 17.2 Kent 10.9 Falls 18.6 Kerr 49.4 Fannin 17.2 Kimble 20.0 Fayette 27.4 King 19.5 Fisher 10.9 Kinney 49.4 Floyd 19.5 Kleberg 44.2 Foard 11.0 Knox 10.9 Fort 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 1 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 Harris 27.3 McLennan 20.7 Harrison 22.9 McMullen 49.4 Hartley 11.0 Medina 49.4 Haskell 10.9 Menard 20.0 Has 24.1 Midland 19.1 Hem hill 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 Moms 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 Idon 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 Karnes 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 Kendall 49.4 Randall 9.3 3 000-004L County_ Participation,% County_ Participation,% Rains 17.2 Reagan 20.0 Real 49.4 Throckmorton 10.9 Red River 20.2 Titus 20.2 Reeves 18.9 Tom Green 19.2 Refugio 44.2 Travis 24.1 Roberts 11.0 Trinity 27.4 Robertson 27.4 Tyler 22.6 Rockwall 18.2 U shur 22.5 Runnels 20.0 Upton 18.9 Rusk 22.5 Uvalde 49.4 Sabine 22.6 Val Verde 49.4 San Augustine 22.5 Van Zandt 17.2 San Jacinto 27.4 Victoria _ 27.4 San Patricio 41.7 Walker 27.4 San Saba 20.0 Waller 27.3 Schleicher 20.0 Ward 18.9 Scurry 10.9 Washington 27.4 Shackelford 10.9 Webb 87.3 Shelby 22.5 Wharton 27.4 Sherman 11.0 Wheeler 11.0 Smith 23.5 Wichita 12.4 Somervell 17.2 Wilbarger 11.0 Starr 72.9 Willacy 72.9 Stephens 10.9 Williamson 24.1 Sterling 20.0 Wilson 49.4 Stonewall 10.9 Winkler 18.9 Sutton 20.0 Wise 18.2 Swisher 11.0 Wood 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young 11.0 Terrell 20.0 Zapata 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 1.1. 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 Employer's 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. 1.3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables)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 1.7.1.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 1 000.394L Special Provision to Item 000 Disadvantaged Business Enterprise in Federal-Aid Contracts 1. DESCRIPTION The purpose of this Special Provision is to carry out the U.S.Department of Transportation's(DOT)policy of ensuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT-assisted Contracts. 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1. 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,will 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. 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. The Contractor,subrecipient,or subcontractor will not discriminate on the basis of race,color,national origin, or sex in the performance of this Contract.Cary out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts.Failure 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. The requirements of this Special Provision must be physically included in any subcontract. 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. 2.2. Definitions. 2.2.1. Administrative Reconsideration.A process by which the low bidder may request reconsideration when the Department determines the good faith effort(GFE)requirements have not been met. 2.2.2. Commercially Useful Function(CUF).A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. 2.2.3. Disadvantaged Business Enterprise(DBE).A for-profit 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. 2.2.4. DBE Joint Venture.An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills,and knowledge,and in which the DBE is responsible for a distinct,clearly defined portion of the work of the Contract and whose 1 -7 000.394L share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 2.2.5. DOT.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). 2.2.6. Federal-Aid Contract.Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7. Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. 2.2.8. North American Industry Classification System(NAICS).A designation that best describes the primary business of a firm.The NAICS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U.S.Census Bureau website: http://www.census.-gov/eos/www/naics/. 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 2.2.10. Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11. Texas Unified Certification Program(TOCP)Directory.An online directory listing all DBEs currently certified by the TOCP.The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1. DBE Liaison Officer.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. 2.3.2. Compliance Tracking System(CTS).This Contract is subject to Contract compliance tracking.Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner. This includes,but is not limited to,commitments,payments,substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner. 2.3.3. Apparent Low Bidder.The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. 2.3.4. DBE Contractor.A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs.In the event a DBE subcontracts to a non-DBE,that information must be reported monthly. 2.3.5. DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Directory can be accessed at the following Internet address: httt s://txdot.txdotcros.com/FrontEnd/VendorSearchPublic.asp?TN=txdot&XID=2340. 2-7 000-394L A DBE must be certified on the day the commitment is considered and at time of subcontract execution.It is the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy.Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder. Commitments in excess of the goal are considered race-neutral commitments. 2.3.6. Good Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26,Appendix A. 2.3.6.1. Administrative Reconsideration.If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Owner. If a reconsideration request is timely received,the reconsideration decision will be made by the Owner's DBE liaison officer or,if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements,an Owner employee who holds a senior leadership position and reports directly to the executive officer,and who did not take part in the original determination will act as an administrative hearing officer.The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the Contract goal. The meeting must be held within 7 days of the date of the request submitted under this section.If the Bidder is unavailable to meet during the 7-day period,the reconsideration decision will be made on the written information provided by the Bidder. The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal,within 7 days of the date of the notice issued in this section. The reconsideration decision is final and not subject to administrative appeal. 2.3.7. Determination of DBE Participation.The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. The total amount paid to the DBE for work performed with its 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. 3-7 000-394L DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal.If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer.According to 49 CFR 26.55(e)(1)(i),a DBE 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. The Contractor may count only 60%of its expenditure to a DBE regular dealer.According to 49 CFR 26.55(e)(2)(i),a DBE regular dealer is a firm that owns,operates,or maintains a store,warehouse, or other establishment in which the materials,supplies,articles,or equipment of the general character described by the specifications and required under the Contract are bought,kept in stock,and regularly sold or leased to the public in the usual course of business.A firm 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 if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the Contractor may 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. 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. 2.3.8. Commercially Useful Function.It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF. Under the terms established in 49 CFR 26.55,a DBE performs 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. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price, determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.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.The DBE may also lease trucks from a non-DBE firm,including from an owner-operator.The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. 4-7 000-394L A DBE does not perform a CUF when 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. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. If a DBE does not perform or exercise responsibility for at least 30%of the total cost of its Contract with its own work force,or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved,the Owner will presume that the DBE is not performing a CUF. If the Owner determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.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,the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1. Rebuttal of a Finding of No Commercially Useful Function.Consistent with the provisions of 49 CFR 26.55(c)(4)&(5),before the Owner makes a final finding that no CUF has been performed by a DBE,the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Owner approval.To obtain approval,the Contractor must submit a completed Form 2178,"DBE Joint Check Approval,"to the Owner. The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE's ability to perform a CUF.When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor. If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will be used toward the Contract goal requirement,and the Contractor will need to make up the difference elsewhere on the project. 2.3.10. DBE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will be terminated for convenience,in whole or part,without the Owner's approval.This includes,but is not limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. Unless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Owner on the Notice of Intent to terminate. 5-7 000-394L The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the Owner of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor's request for termination. The Owner may provide a shorter response time if required in a particular case as a matter of public necessity. The Owner will consider both the Contractor's request and DBE's stated position prior to approving the request.The Owner may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE.If the Owner does not approve the request,the Contractor must continue to use the committed DBE firm in accordance with the Contract.For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which may be extended for an additional 7 days if necessary at the request of the Contractor.The Owner will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11. Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed.Negative payment reports are required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Owner,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must be available at reasonable times and places for inspection by authorized representatives of the Owner,Texas Department of Transportation or the DOT.Provide copies of subcontracts or agreements and other documentation upon request. 2.3.12. Failure to Comply.If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Owner. A Contractor's failure to comply with the requirements of this Special Provision will 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. 2.3.13. Investigations.The Owner may conduct reviews or investigations of participants as necessary.All participants,including,but not limited to,DBEs and complainants using DBE Subcontractors to meet the Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 6-7 000-394L 2.3.14. Falsification and Misrepresentation.If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable,or if the Contractor engages in repeated violations,falsification,or misrepresentation,the Owner may: ■ refuse to count any fraudulent or misrepresented DBE participation; ■ withhold progress payments to the Contractor commensurate with the violation; ■ refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or ■ seek any other available contractual remedy. 7-7 002-0011 L Special Provision to Item 2 Instructions to Bidders Item 2,"Instructions to Bidders,"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. Article 2.3.,"Issuing Proposal Forms,"second paragraph,is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply: ■ the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project,but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise (DBE),"is prohibited from rebidding that specific project. Article 2.7.,"Nonresponsive Bid,"is supplemented by the following: The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: ■ the Bidder failed to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise(DBE)." Article 2.14.,"Disadvantaged Business Enterprise(DBE),"is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days(as defined in 49 CFR Part 26,Subpart A)of bid opening.For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe,the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work.The Owner may recommend: ■ reject all bids,or ■ award the Contract to the new apparent low Bidder,if the new apparent low Bidder submits DBE information within one calendar day of notification by the Owner. If the new apparent low Bidder is unable to submit the required DBE information within one calendar day: ■ the new apparent low Bidder will not be deemed nonresponsive, ■ the Bidder's guaranty will not be forfeited, ■ the Owner will reject all bids,and ■ the Bidder will remain eligible to receive future proposals for the same project. 1 -1 007-001L 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 Control/Qualified Flagger Continuing Education Department Associated Builders and Contractors, Flagger Training Austin Chapter LDI Safety Training Flagger Training Tipton Compliance and Safety Flagger Training 1-2 007-001 L 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 furnished 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 2-1/2 in.x 3-1/4 in.; ■ minimum 0.0866 in.steel wire for netting; ■ minimum 0.1063 in.steel wire for selvages and comers;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 1/2 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. 1 506-001 L 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 1-1/5 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 1/2 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 Minimum 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. 2 506-001L 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 12-112 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 1/2 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 silt 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. 4 506-001 L 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-Tenn.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 112 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. 6 506-001 L 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 specified below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the 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. 7 506-001 L 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 ■ 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; ■ 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. Fumishing 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 specified.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: 10 506-001 L 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 6239 Special Specification 9999 LED Decorative Illumination Assembly 1. DESCRIPTION Furnish,fabricate,and install decorative illumination assemblies with light-emitting diode(LED)lamp modules. 2. MATERIALS Use new materials conforming to the details shown in the plans and the pertinent requirements of the following Standard Specification Items: ■ Item 442,"Metal for Structures," ■ Item 449,"Anchor Bolts," ■ Item 616,"Performance Testing of Lighting Systems,"and ■ Item 620,"Electrical Conductors." 2.1. Submittals. Furnish 7 sets of submittals of the illumination assemblies with luminaires,IES files for luminaires,poles,bases,all mounting hardware and color sample to the Engineer at the project address.Do not purchase materials or begin work before these submittals are approved. 2.2. Pole Options. Furnish a round steel pole with nominal height of 15 ft.or 24 ft.(with a tolerance of+l-one foot—refer to plans).Pole features,dimensions,and related appurtenances for each pole type are detailed in the plans.Pole assembly shall meet the aesthetics and design criteria shown in the plans and shall closely match the existing poles in the vicinity.Exposed hardware shall be stainless steel.All electrical components shall be UL listed.Pole assembly finish shall be black thermoset powder coat textured paint.Fabricate hardware,brackets,nuts,bolts,washers,ballast tray,and parts from stainless steel or aluminum of adequate thickness as approved.Ensure compatibility of metals used in contact with one another will not induce accelerated galvanic corrosion.Pole shaft must support the luminaires,and all equipment as detailed for typical wind load expected at location of installation.Provide grounding provision with hardware. 2.3. LED Luminaire: 2.3.1. General Requirements.Provide a decorative LED luminaire with a minimum of 9,000 lumens,3000K and "dark sky"compliant shielding.All luminaires to be installed on decorative arms as detailed in the plans. 2.3.2. Electronic Driver and LED Lamp Modules.Provide replaceable LED driver modules that will operate at 240V line voltage.Provide a two-position barrier-type terminal block secured to housing.Provide lugs with captive screws for wire sizes up to 6 AWG.Identify each terminal position.Provide LED lamp modules so that catastrophic loss or failure of an individual LED will not result in the loss of the entire lamp.Provide LED lamp modules with a color temperature of 3000K.Color temperature shall closely match the existing LED lamps in the vicinity. Provide sufficient thermal management of the heat generated by the lamp to ensure a minimum operable life of 70,000 hr.with an average operating time of 12 hr.per night.Provide a passive thermal management system if required.Fans or other mechanical cooling systems will not be allowed. Design lamp so that the maximum junction temperature of the LEDs at maximum ambient temperature will not be exceeded,and will not exceed 105°C. 2.3.3. Performance Requirements.Photometric data must be certified by manufacturer's laboratory with a current accreditation under the National Voluntary Laboratory Accreditation Program for Energy Efficient Lighting Products.Provide photometric data(in.ies format)for luminaires at specified color temperature and operating at 25°C ambient temperature.Ensure the fixture will be IESNA cutoff or better. 1 03-17 OTU 6239 2.3.4. Warranty.The manufacturer will replace failed luminaires,when non-operable due to defect in material or workmanship,within seven years of installation with a luminaire that meets all specifications,delivered to the project location.Photocells(if used)are subject to the warranties of their respective manufacturers. 3. CONSTRUCTION Perform work in accordance with the details shown on the plans in accordance with the manufacturers' requirements,the requirements of this Item,and City of Fort Worth Standard Specifications Section 34-41- 20. Use established industry and utility safety practices when installing poles or luminaires located near overhead or underground utilities.Consult with the appropriate utility company before beginning work. Prevent scarring or marring of poles,luminaire arms,and luminaires.Replace damaged components.Repair damaged painted areas of roadway illumination assemblies according to manufacturer's recommendation. Stake,install and align each illumination assembly as shown on the plans.The Department may shift a luminaire's location,if necessary,to secure a more desirable location or to avoid conflict with utilities. Fabricate and install illumination assembly components in accordance with the details,dimensions,and requirements shown on the plans.Do not use screw-in type foundations.Install anchor bolts and coat anchor bolt threads.Erect structures after foundation concrete has attained its design strength as required.Tighten anchor bolts for poles with shoe bases.Do not place grout between base plate and foundation.Test installed illumination assemblies. 4. MEASUREMENT This Item will be measured as each LED Decorative Illumination Assembly installed. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"LED Decorative Illumination Assembly"of the type specified" This price is full compensation for furnishing,installing,and testing LED luminaires;drivers,anchor bolts, anchor plates,internal transformer,internal conductors,lightning arrestors,GFCI receptacles,poles, decorative bases,arms,banner brackets,and connections;system performance testing;and equipment, labor,tools,and incidentals. New drilled shaft foundations will be paid for under Item 416,"Drilled Shaft Foundations."New conduit will be paid for under Item 618,"Conduit."New conductors,except the conductors internal to the pole,will be paid for under Item 620,"Electrical Conductors."New ground boxes will be paid for under Item 624,"Ground Boxes."New electrical services will be paid for under Item 628,"Electrical Services." 2 03-17 OTU 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 Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. 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 It. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27:and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27:and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. SO. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10.Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the 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 Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship n the Contracting agencies may elect to apply these requirements to other projects. wage rates contained in the wage determination. 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 forth desired.Optional Forth 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/formstwh347instr.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 ful 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 nol deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subcontractor to civil criminal practice prevails for the applicable apprentice classification, subject the contractor f prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required permitted to work less than the predetermined 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 calendar day on which such individual was required or 9.Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contrail shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier c.The penalty for making false statements is prescribed in the U.S.Criminal Code,18 U.S.C. 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 This provision is applicable to all Federal-aid construction specialty items performed may be deducted from the total contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and focal 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-today activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of This provision is applicable to all Federal-aid construction material and manufactured products which are to be contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer.or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract is 8 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.aov/),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(http-s.t/www.epls-._qoy/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 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 APPENDIX A During the performance of this contract,the contractor,for itself,its assignees, and successors in interest (hereinafter referred to as the"contractor")agrees as follows: 1. Compliance with Regulations:The contractor(hereinafter includes consultants)will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation,the Federal Highway Administration,as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination:The contractor,with regard to the work performed by it during the contract,will 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 will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. Part 21. 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 will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race,color,or national origin. 4. Information and Reports:The contractor will provide all information and reports required by the Acts, t the Regulations,and directives issued pursuant thereto and will permit access to its books,records, accounts,other sources of information,and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the contractor will so certify to the Recipient or the Federal Highway Administration,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract,the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including, but not limited to: (a) withholding payments to the contractor under the contract until the contractor complies;and/or (b) cancelling,terminating,or suspending a contract, in whole or in part. 6. Incorporation of Provisions:The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition,the contractor may request the United States to enter into the litigation to protect the interests of the United States. 13 A Title VI Review Report APPENDIX E During the performance of this contract,the contractor,for itself, its assignees,and successors in interest (hereinafter referred to as the "contractor")agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: ■ Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat. 252),(prohibits discrimination on the basis of race,color, national origin);and 49 C.F.R. Part 21. ■ The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); ■ Federal-Aid Highway Act of 1973,(23 U.S.C. § 324 et seq.),(prohibits discrimination on the basis of sex); ■ Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.),as amended,(prohibits discrimination on the basis of disability);and 49 C.F.R. Part 27; ■ The Age Discrimination Act of 1975,as amended, (42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); ■ Airport and Airway Improvement Act of 1982,(49 U.S.C. §471,Section 47123),as amended, (prohibits discrimination based on race,creed,color,national origin,or sex); ■ The Civil Rights Restoration Act of 1987, (PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,subrecipients and contractors, whether such programs or activities are Federally funded or not); ■ Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ■ The Federal Aviation Administration's Nondiscrimination statute(49 U.S.C. §47123)(prohibits discrimination on the basis of race, color, national origin,and sex); ■ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; ■ Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). 1 1 17 E Title VI Review Report -ilI ILI Z� k§® a \ — w IL 2\ \ [ § LL f 21 0ui IL ILL— / � . x k \ j �eLL / LU .. ; 3] § w \ 2 ' 2 ! ■ ! ƒ § \ 0 L ; � § { § §�/� . z � K2 E (��` : , � . � § § a 0 / § d L k § � ; B ° w 2 § k6 \ \ � __ ! u ; kz ! § B 0 � of ��i ci e § ° !)§ B � 0 | LLI §0 ) m f ® Lu § / § 50 - § Q s ,z ai ¢ \ w( co L _ 2 ¢ k ) gQ / S I ( co k 2 ;§2 � z { \ §%§ , L \ \§ ar LLo ®s w f 2 �§ \ E §! : LU § a # U. ! / & 'o § 2 e� E ! , 2 k § a ( z § § k ) _ k � k ! § 2 ! - 2 § 2 / � § § - n ' 5Lug & 22 § !e ! 7 � � • o � k ( ¥ E § u2 % § 3l.wz w § § � ` LU o � � , , u � 1 � e � 200 a: �� � 0 ) § � a ; § kaq ] § lsga t §.6J Bidder's Questionnaire-List B Pagel of 2 A-Z Site Index I Contact Us Espadol Driver I Business Government Inside TxDOT Careers Bidder's Questionnaire - List B Updated:Wednesday,February 14,2018 AIBICIDIEIFIG(HIIIJIKILIMN0(PIQIRISITIUIVIWIK(YIZID-9 B B&G ELECTRIC B.J.MCGUIRE CONCRETE CONSTRUCTION,LTD. P.O.BOX 759 PO BOX 2023 PAMPA TX 79066 POTTSBORO TX 75076 (806)66541418 Phone (903)786-3552 Phone (806)665-4831 FAX (903)786.0050 FAX BILLIE.RICHARDSON@BGELECTRIC.US JAMIE@BIMCGUIRECONCRETE.COM B.L.S.CONSTRUCTION,INC. BAAS SUPPORT SERVICES,LLC 207 FAHRENTHOLD 6500 SOUTH PADRE ISLAND DRIVE, EL CAMPO TX 77437 CORPUS CHRISTI TX 78412 (979)543-2696 Phone (361)986-0003 Phone (979)543-5006 FAX BAASENGR@GMAILCOM W B11AM.KEYOBLSCONSTRUCTION.NET BAIN CONSTRUCTION BALLINGER 14160 BLAIR DR 1400 CHILDRESS ST HORIZON CITY TX 79928 WELLINGTON TX 79095 (915)852-8620 Phone (806)205-2187 Phone (915)852-8751 FAX AIBALUNGER85@HOTMAIL.COM BAR NONE AG SUPPLY COMPANY,INC. BARNWELL INDUSTRIES 7991 NORTH HWY 6 PO BOX 593 WACO TX 76712 QUEEN CITY TX 75572 (2S4)749-4366 Phone (903)796-4867 Phone (2S4)67S-8492 FAX BARRAZA CODE ELECTRIC,INC. BASIC ESSENTIALS MAINTENANCE,INC. 5049 CROSSROADS P.O.BOX 692265 EL PASO TX 79932 SAN ANTONIO TX 78269 (915)581-0979 Phone (210)279-8910 Phone (915)581-7018 FAX (210)698-2856 FAX CODEELECTRICJNCOGMAIL.eQM MALKUM9@AOL COM BAY CITY TRAFFIC BEACH TOWN LAWN SERVICE,LLC P.O.BOX 752122 23 COZUMEL CIR HOUSTON TX 77275 GALVESTON TX 77554 (713)409-5239 Phone (409)789-9520 Phone (281)741-9120 FAX BEACHTOWNLAWNSERVICE@YAHOO.COM BAYCITYTRAF FIC@GMAiL.COM BEACON SERVICES S-OENTERPRISES, TRICAL,INC. 1460 COMMON DRIVE 16 EL PASO TX 79936 H TX 76140 (915)598-8484 Phone 400 Phone 403 FAX ANEI BEAVER BOYS SERVICES ERPRISES,INC. 412 S PANNA MARIA 16837 HIGHWAY 183 KARNESCITY TX 78118 VERNON TX 76384 (830)299-2583 Phone (940)553-1186 Phone BEAVE RBOYSSERVICES@YAHOO.COM BERT WHITAKER BIG STATE MAINTENANCE,INC. 1791 CR 125 1804 HAMPTON RD FLOMOT TX 79234 WICHITA FALLS TX 76301 (806)478-1241 Phone (940)631-5426 Phone (806)478-0766 FAX (940)723-9316 FAX LWHITAKER@POWERC.NET BSMAINTOS@GMAIL.COM BLAST AWAY,LLC BLO,INC DBA BRANDON'S DOZER SERVICE 3305 REEDER DR. PO BOX 511 AMARILLO TX 79121 EASTLAND TX 76448 (800)989-3078 Phone (254)629-1747 Phone MICHAELHBLASTAWAY@GMAIL.COM (254)629-1149 FAX BRAN DONSDOZER@YAHOO.COM http://www.txdot.gov/insdtdot/orgchart/cmd/cserve/bglist/BgListB.Htm 2/15/2018 APPENDIX GC-4.02 Subsurface and Physical Conditions GC-6.06.D Disadvantaged Business Enterprise Requirements GC-6.07 Wage Rates CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02552 Revised July 1,2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WOR F11 Wilbargcr St.&Miller Ave.Intersection Improvements STANDARDCONSTRUCI ION SPECIFICATION DOCUMENTS CSJ: 0172-06-092 Revised July 1.2011 02552 . s GEOTECHNICAL INVESTIGATION t PROPOSED RECONSTRUCTION AT WILBARGER ST AND MILLER AVE *- FORT WORTH, TEXAS AGG REPORT NO. E16-0410 JUNE 28, 2016 PREPARED FOR: HALFF ASSOCIATES, INC FORT WORTH, TEXAS PRESENTED BY: " RLUMCE UEOT -0"IU L GROUP Geotechnical Engineering-Construction Services-Construction Materials Engineering Testing 3228 Halifax Street . Dallas,TX 75247 Ph. 972.444.8889 FX.972.444.8893 ALLWINCE GEOTECHNICAL ENGINEERING GEOTECHNICAL • ENVIRONMENTAL CONSULTING GROUP CONSTRUCTION MATERIALS ENGINEERING AND TESTING 1 CONSTRUCTION INSPECTION June 28, 2016 Mr. Benjamin L. McGahey, P.E. Halff Associates, Inc. 4000 Fossil Creek Blvd Fort Worth, Texas 76137 Phone:(817)764-7471 Cell: (817) 944-0672 Email: BMcGaheyCc-Dhalff com Re: Geotechnical Investigation Proposed Reconstruction at Wilbarger St and Miller Ave City of Fort Worth AGG Report No. E 16-0410 Dear Mr McGahey: Please find enclosed our report summarizing the results of the geotechnical investigation performed at the above referenced project site. We trust the recommendations derived from this investigation will provide you with the information necessary to complete your proposed project successfully. For your construction materials testing and related quality control requirements, it is recommended that the work be performed by Alliance Geotechnical Group in order to maintain continuity of inspection and testing services for the project under the direction of the geotechnical project engineer. We thank you for the opportunity to provide you with our professional services. If we can be of further assistance, please do not hesitate to contact the undersigned at(972)444-8889. Sincerely, ALLIANCE GEOTECHNICAL GROUP Teed Reg al-'tm EngMr&'nii$Flrm'r•i•47Q����� SAMUEL TITAN Samuel Tran, P.E. 9••'•""��y J* Mark J. Farrow, P.E. 30 Project Engineer 0 d r��4v Senior Vice President • Cs` �SBbNAL•�� Dallas • Ft. Worth - Frisco Longview - Huntsville 3228 Halifax Street • Dallas,Texas 75247 AW Tel:97Z-444-8889 • Fax:972.444.8893 • www.aggengr.com •••�•• TABLE OF CONTENTS PAGE 1.0 PROJECT INFORMATION ------------------------------------------------------------------------1 2.0 SCOPE OF INVESTIGATION ---------------------------------------------------------------------1 3.0 FIELD OPERATIONS------------------------------------------------------------------------------- 1 4.0 LABORATORY TESTING --------------------------------------------------------------------------2 5.0 SURFACE CONDITIONS --------------------------------------------------------------------------2 5.1 GENERAL SITE CONDITIONS--------------------------------------------------------- 2 5.2 SITE GEOLOGY ----------------------------------------------------------------------------3 5.3 SUBSURFACE CONDITIONS---------------------------------------------------------- 3 5.4 GROUNDWATER-------------------------------------------------------------------------- 3 6.0 ANALYSIS AND RECOMMENDATIONS------------------------------------------------------ 4 6.1 SOIL MOVEMENTS -----------------------------------.__-_____-_-__W..�_____�__4 6.2 EXISTING FILL SOILS --------------------------------------------------------------------4 6.3 PIER FOUNDATION SYSTEM---------------------------------------------------------- 5 6.3.1 DRILLED SHAFT SOIL INDUCED UPLIFT LOADS------------------------------ 5 6.3.2 LATERAL RESISTANCE ---------------------------------------------------------------- 6 6.3.3 DRILLED SHAFT CONSTRUCTION CONSIDERATIONS ----------------------6 6.4 FLAT WORK CONSIDERATIONS ----------------------------------------m---------7 7.0 TRENCH CONSTRUCTION -----------------------------------------------------------------------7 7.1 TRENCH EXCAVATIONS ----------------------------------------------------------------7 7.2 OPEN CUTS ---------------------------------------------------------------------------------8 7.3 TRENCH BRACING/ BORE PIT SHORING---------------------------------------- 8 7.4 DEWATERING -----------------------------------------------------------------------------8 7.5 CONSTRUCTION CONSIDERATIONS----------------___---_--_--------------_- 9 8.0 EARTHWORK GUIDELINES --------------------------------------------------------------------- 9 8.1 TRENCH BACKFILL---------------------------------------------------------------------- 9 8.2 FIELD SUPERVISION AND DENSITY TESTING -------------------------------- 10 9.0 LIMITATIONS --------------------------------------------------------------------------------------- 10 ALLIANCE GEOTECHNICAL GROUP E16-0410 FIGURES PLANS OF BORINGS-----------------------------------------------------------------------------------------1 LOGSOF BORING -----------------------------------------------------------------------------------2 thru 4 KEY TO TERMS OF BORINGS-----------------------------------------------------------------------------6 SWELL TEST SUMMARY -----------------------------------------------------------------------------------6 RECOMMENDED SLOPE RATIOS FOR EXCAVATION --------------------------------------------7 LATERAL EARTH PRESSURES FOR INTERNALLY BRACED EXCVATIONS -------------8 ALLIANCE GEOTECHNICAL GROUP E16-0410 GEOTECHNICAL INVESTIGATION RECONSTRUCTION AT WILBARGER ST AND MILLER AVE FORT WORTH, TEXAS 1.0 PROJECT INFORMATION The project consists of reconstructing the traffic and pedestrian signals, sidewalks and ADA ramps at the intersection of Wilbarger St and Miller Ave underneath the US 287 overpass in Fort Worth, Texas. The new proposed signal poles and street lights will be installed at each corner of the proposed intersection. We understand that narrow trench construction to depths of up to 8 feet will be performed on the roadway to install the electrical lines for the new proposed signal poles and street lights. 2.0 SCOPE OF INVESTIGATION The purposes of the study were to: 1) explore the subsurface conditions at the site, 2) characterize the subsurface conditions by testing the physical and engineering properties of the underlying soil strata and by observing groundwater conditions, 3) provide foundation recommendations for the proposed structures and 4) provide comments and recommendations for general earthwork operations. This report was prepared in accordance with our AGG Proposal No. P15-0633ER1 dated July 7, 2015. 3.0 FIELD OPERATIONS The field investigation consisted of drilling three (3) test borings (Borings B-1, B-2 and B-3) within the vicinity of the proposed light poles, sidewalks and trench construction area. The test borings were located at the approximate locations shown on the Plans of Borings on Figure 1. Undisturbed specimens of the cohesive soils were obtained using standard, thin-walled, seamless tube samplers. These specimens were extruded in the field, logged, sealed, and packaged in plastic sample bags to protect them from disturbance and maintain their in-situ moisture content during transportation to our laboratory The rock formations encountered in the test borings were evaluated by the Texas Department of Transportation Penetrometer (TxDOT Cone) test. The TxDOT Cone is driven with the resulting penetration in inches recorded for 100 blows. The results of the TxDOT Cone test are recorded at the respective testing depth on the Logs of Borings. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 1 The results of the boring program are presented on the Logs of Boring, Figures 2 through 4. A key to the descriptive terms and symbols used on the logs is presented on Figure 5. 4.0 LABORATORY TESTING Samples were examined at our laboratory by the project geotechnical engineer. Selected samples were subjected to laboratory tests under the supervision of this engineer. The in-situ unit weight, moisture content, and liquid and plastic limits of selected soil samples were measured. These tests were used to estimate the potential volumetric change of the different soil strata and as an indication of the uniformity of the material. Hand penetrometer tests were also performed to provide an indication of the variation of soil strength and soil swell with depth. Unconfined compressive strength testing was performed on selected soil samples to determine the soil bearing properties. To provide additional information about the swell characteristics of these soils at their in-situ moisture conditions, absorption swell tests were performed on selected samples of the clay soils. The results of our testing program are presented on the Logs of Borings, Figures 2 through 4 and on the Swell Test Results, Figure 6. 5.0 SURFACE CONDITIONS 5.1 GENERAL SITE CONDITIONS The project site is located at the intersection of Wilbarger St and Miller Ave underneath the US 287 overpass in Fort Worth, Texas. The site is relatively flat with grass areas at each quadrant of the intersection (See Photo 1). The lanes are currently paved with asphalt. The project location and aerial view are shown on the Plan of Borings (Figure 1). ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 2 } I � 5 r { PHOTO 1 —FACING SOUTHWEST AT THE PROJECT INTERSECTION 5.2 SITE GEOLOGY As shown on the Sherman sheet of the Geologic Atlas of Texas, the site is located in an area underlain by the Grayson Marl & Main Street Limestone Formation. The Grayson Marl and Main Street Limestone Formation consist of limestone, calcareous clay, marl and calcareous shale. 5.3 SUBSURFACE CONDITIONS Subsurface conditions encountered in the borings, including descriptions of the various strata and their depths and thicknesses, are presented on the Logs of Boring. Note that depth on all borings refers to the depth from the existing grade or ground surface present at the time of the investigation. Boundaries between the various soil types are approximate. 5.4 GROUNDWATER The borings were advanced using continuous flight auger methods. Advancement of the borings using these methods allows observation of the initial zones of seepage. Groundwater ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 3 was not encountered within the test borings during drilling and the borings were dry upon drilling completion. Shallow groundwater levels should be anticipated in all areas if construction occurs after periods of rain. It is not possible to accurately predict the magnitude of subsurface water fluctuations that might occur based upon short-term observations. The subsurface water conditions are subject to change with variations in climatic conditions and are functions of subsurface soil conditions, and rainfall. 6.0 ANALYSIS AND RECOMMENDATIONS 6.1 SOIL MOVEMENTS The subsurface exploration revealed the presence of moderately expansive clay over weathered marl and limestone. Potential soil swell movement calculations were performed using swell test results, pocket penetrometer readings, and moisture content tests to estimate the swell potential of the soil. Potential soil swell movement values based upon the current moisture conditions and current grades have been estimated to be less than 2 inches. It should be noted that the existing soils at test boring locations at the time of investigation were in an average to moist moisture condition. If the clay soils are allowed to significantly dry prior to construction,the"active zone" swell could exceed 4 inches at all locations. The assumed "active zone" swell values are upward soil movements that could occur due to typical seasonal moisture changes and soil swelling within the upper ten (10)feet as measured from finished ground surface. 6.2 EXISTING FILL SOILS Existing fill soils were encountered within B-2 and B-3 to depths of 1 to 3 feet below the existing ground surface. If the existing fill soils were placed in an uncontrolled manner without engineering supervision and without moisture / compaction verification of each fill lift, some settlement should be anticipated for pavements and flatwork placed over existing uncontrolled fill soils. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 4 6.3 PIER FOUNDATION SYSTEM The proposed traffic signals, light poles and sign structures may be supported by straight sided continuously reinforced shaft piers founded within very hard gray unweathered limestone. The bearing stratum was encountered at depths ranging from 17 to 18 feet below the existing ground surface at the boring locations. The allowable end bearing pressure and side resistance pressures are provided in Table 1 and have been developed based on the assumption that a minimum 2 pier diameter clear spacing will be provided between piers. The skin friction values provided are for compression loading and for resistance to soil swell uplift. For other tension loads (sustained uplift), the allowable skin friction is 50% of the value indicated above. These foundations should be subject to settlements of about one-quarter inch. Differential settlements should be less than one-quarter inch. TABLE 1. ALLOWABLE BEARING VALUES BEARING STRATA SHAFT LOADING TYPE VERY HARD GRAY UNWEATHERED LIMESTONE Axial End Bearing 40.000 psf Skin Friction Side Resistance 10,000 psf * For all penetrations into the bearing stratum as verified by the AGG geotechnical team. The skin friction values provided are for compression loading and for resistance to soil swell uplift. For other tension loads (sustained uplift), the allowable skin friction is 50% of the value indicated above. A minimum penetration of two feet is recommended. 6.3.1 DRILLED SHAFT SOIL INDUCED UPLIFT LOADS All piers will be subject to uplift loads as a result of swelling within the overlying clays. Straight shafts should be designed by the Structural Engineer with adequate penetration lengths in order to have sufficient anchorage in resisting uplift forces generated by soil swelling. The piers should have sufficient continuous vertical reinforcing steel extending to the bottom of the piers to resist the computed net uplift loads(uplift less dead load). ALLIANCE GEOTECHNICAL GROUP Ell 6-CI410 Page 5 The magnitude of the uplift loads varies with the shaft diameter, soil parameters, free water sources, and the depth of the active clays acting on the shaft. The uplift pressures can be approximated at this site by assuming a uniform uplift pressure of 2,000 pounds per square foot acting on the shaft perimeter for a depth of 10 feet. 6.3.2 LATERAL RESISTANCE The piers may be designed to resist lateral wind load forces using an allowable passive resistance value of 150 psf per foot of depth (linearly increasing with depth). A maximum allowable passive soil resistance value of 2,000 psf is recommended for the overburden soils. A lateral modulus value of 150 kcf may also be used. Lateral resistance should not be counted on within the upper 3 feet of each pier shaft. 6.3.3 DRILLED SHAFT CONSTRUCTION CONSIDERATIONS Groundwater was not encountered during drilling of the test borings and the borings were dry upon drilling completion. Groundwater seepage could be encountered at all locations during the drill pier operations after periods of rain. If minor water seepage occurs, the pier steel and concrete should be placed immediately. Temporary casing is required if excessive groundwater infiltration or caving soils are encountered. Temporary casing should be properly seated and sealed within the competent weathered tan limestone to prevent seepage into the drilled shaft excavation. Care must be taken that a sufficient head of plastic concrete is maintained within the casing during extraction. Concrete used for the shafts should have a slump of 6 inches plus or minus 1 inch and placed in a manner to avoid striking the reinforcing steel and walls of the shaft during placement. Complete installation of individual shafts should be accomplished within an 8-hour period in order to help prevent deterioration of bearing surfaces. The drilling of individual shafts should be excavated in a continuous operation and concrete placed as soon as practical after completion of the drilling. No shaft should be left open for more than 8 hours. We recommend that Alliance Geotechnical Group be retained to observe and document the drilled pier construction. The engineer, or his representative, should document the shaft diameter, penetration, depth, casing installations and extractions, cleanliness, plumbness of the shaft, and the type of bearing material. Significant deviations from the specified or anticipated conditions should be reported to the owner's representative and to the structural ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 6 engineer. The drilled pier excavation should be observed to verify the bottom of the excavation is dry and thoroughly cleaned of cuttings after completion. Note: "Mushrooming" should not be allowed around piers, pier caps or grade beams. 6.4 FLAT WORK CONSIDERATIONS Adjacent flat work to the proposed structures will be subject to soil swell movements(see Section 6.1 of this report). Provisions should be made for post-construction differential upward movement of the adjacent flat work. Isolation joints should be used between the piers and adjacent flatwork in order to minimize distress caused by differential movements between the piers and ground supported flatwork. 7.0 TRENCH CONSTRUCTION 7.1 TRENCH EXCAVATIONS It is understood that open cut trench excavations will be performed on the roadway to install electrical lines for the new proposed signal poles and street lights. It is understood that invert depths will be on the order of approximately 8 feet below the existing ground surface for the open cut portion of the alignment. As indicated on the Boring Logs (B-1 through B-3), soil conditions will vary at the invert depths. Subsurface conditions will vary from existing fill to clay, sandy clay, many clay and severely weathered marl. The surficial fill and jointed and blocky soils at this site are not stable for trench excavations. Therefore, for trench excavations to any depth in the unstable soil at this site, it will be necessary to employ either sloped excavations or temporary bracing. For trench excavations to any depth at this site, it will be necessary to employ either sloped excavations or temporary bracing, regardless of the soil conditions encountered. General guidelines for the design of these two alternatives are discussed in the following sections. Note 1: Shallow groundwater levels should be anticipated after periods of heavy rainfall. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 7 7.2 OPEN CUTS Recommended slope ratios for the respective soil conditions are presented graphically on Figure 7. Trench excavation to depths of less than five feet in unstable soil conditions should be cut back in a similar manner as described above. It should be recognized that free standing slopes will be less stable when influenced by groundwater or saturated by rain. Surcharge loads, such as those resulting from excavation spoil, or equipment, should be placed no closer than five feet from the crest of the slope, or in accordance with OSHA regulations. Vehicle traffic should be maintained at least five feet from the edge of the crest. Excavation may encounter non-compact fill soils placed during previous construction roadway. If encountered,these fill soils should be sheeted, shored, and braced, or laid back on slopes no steeper than 1.5(H): 1(V).The contractor will need to take measures to avoid undermining and damaging the existing underground utilities. 7.3 TRENCH BRACING /BORE PIT SHORING Where site limitations require excavations to have vertical side walls, an internal bracing system will be necessary. Bracing may consist of timber or steel shoring or manufactured steel trench braces. The lateral pressure distribution to be used in the design of trench bracing may be determined as presented on Figure 8. It should be recognized that pressures are not included from hydrostatic pressures, surcharge loads, or traffic live loads at trench side walls, dynamic loads, and vibration, which if present, must be included in bracing design. In lieu of a shoring system, a trench shield consisting of a prefabricated rigid steel unit adequate to withstand anticipated lateral pressures may be used. 7.4 DEWATERING Groundwater was not encountered in the borings. Groundwater levels should be anticipated to be encountered at relatively shallow depths in most areas after periods of heavy rain. In addition, water seepage should be anticipated during construction. In areas where groundwater is encountered, a system of ditches, sumps and/or well points, and pumping will be required to provide groundwater control. The design of the actual dewatering system required is the contractor's responsibility. This includes the control of tail-water flow through previous backfilled sections. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 8 7.5 CONSTRUCTION CONSIDERATIONS The following guidelines are presented to aid in the development of the excavation plans: Surface areas behind the crest of the excavations should be graded so that surface water does not pond within 15 feet of the crest, nor drain into the excavation. Heavy material stockpiles should not be placed near the crest of slopes per OSHA requirements. Similarly, heavy construction equipment should not pass over or be parked within 5 feet of the crest. The crest of slopes should be continually monitored for evidence of movement or potential problems. Freestanding slopes will become less stable when influenced by groundwater or saturation by rain. 8.0 EARTHWORK GUIDELINES 8.1 TRENCH BACKFILL The excavated soils can be used for trench backfill. Use of rock fragments greater than six(6) inches in any dimension should be prohibited, since attaining uniform moisture and density without voids would be difficult. The backfill should be placed in thin compacted lifts as specified below. The fill materials should be free of surficial vegetation or debris. Clay soils having a PI greater than 25 should be placed in 8 inch horizontal loose lifts and compacted to at least 95 percent of the maximum dry density as determined by ASTM D-698 test method. The clay should be compacted at optimum to+3%above the optimum moisture content. Sandy clay(having a PI of less than 25) and sandy soils should be placed in 8 inch horizontal loose lifts and compacted to at least 95 percent of the maximum dry density as determined by ASTM D-698 test method.These lower PI soils should be compacted at-2%to+2%of optimum moisture. Fill depths below 10 feet are not anticipated for this project. Deeper fill(below 10 feet)would require a higher compaction in order to minimize post-construction settlements. For fill depths below 10 feet, the compaction level should be increased to 98% ASTM D698, where it is desired to reduce post- construction settlements.Settlements of compacted fill are estimated to be 1%of the fill height. Note 1: The upper 8 inches of utility trench backfill beneath pavement and flatwork should be compacted to a minimum of 98%of ASTM D698 at-1%to+2%of optimum. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 9 Note 2: If open cut is performed within or across existing roadways, we recommend that the patched pavement sections be adequately doweled into the existing concrete pavement in order to reduce differential movements caused by long term settlements of the ut ft trench backfill soils. Also, an 18 inch horizontal bench should be provided along each side of the trench within any patched section. Existing concrete Existing concrete pavement to remain. pavement to remain. Utility Trench 8.2 FIELD SUPERVISION AND DENSITY TESTING Field density and moisture content determinations should be made on each lift of fill with a minimum of one test per lift per 150 linear feet of trench backfill. Many problems can be avoided or solved in the field if proper inspection and testing services are provided. It is recommended that site preparation, concrete placement, and fill compaction be monitored by a qualified engineering technician. Density tests should be performed to verify compaction and moisture content of any earthwork. Alliance Geotechnical Group employs a group of experienced, well trained technicians for inspection and construction materials testing who would be pleased to assist you on this project. 9.0 LIMITATIONS The professional services, which have been performed, the findings obtained, and the recommendations prepared were accomplished in accordance with currently accepted geotechnical engineering principles and practices. The possibility always exists that the subsurface conditions at the site may vary somewhat from those encountered in the test borings. The number and spacing of test borings were chosen in such a manner as to decrease the possibility of undiscovered abnormalities, while considering the nature of loading, size, and cost of the project. If there are any unusual conditions differing significantly from those described herein,AGG should be notified to review the effects on the performance of the recommended foundation system. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 10 The recommendations given in this report were prepared exclusively for the use of the Haff Associates and their consultants. The information supplied herein is applicable only for the design of the previously described development to be constructed at locations indicated at this site and should not be used for any other structures, locations, or for any other purpose. We will retain the samples acquired for this project for a period of 30 days subsequent to the submittal date printed on the report. After this period, the samples will be discarded unless otherwise notified by the owner in writing. ALLIANCE GEOTECHNICAL GROUP E16-0410 Page 11 ALLIANCE GEOTECHNICAL GROUP E16-0410 �k 1 . Z r 8-31, CO() C. Project No: - 6-0410 PLAN WILISARGER ST & MILLER AVE 1 _ FIGURE NO: FORT WORTH, LOG OF BORING B-1 Project: Wilbarger Street and Miller Avenue-Ft.Worth,Texas Project No E16-0410 Date: 04/29/2016 Elev Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: F1 FVATION1 SOIL SYMo01 S :rJP. LL FSI. F� -zli0 DO P PEN UNCON Strain DEPTH SAMPLER SYMBOLS DESCRIPTION - peeU 8 FIELD TEST DATA ?5 � - rsf ksl 1S 0 0Dark brown sandy CLAY w/calcareous nodules Z0 25 28 Brown CLAY w/calcareous nodules,jointed 19 275 21 102 26 30 50 Brown and tan CLAY w/calcareous nodules,jointed 18 33 5 41 Tan and light gray ma[ly CLAY w/calcareous and iron 1749 21 27 114 45* nodules,jointed, blocky 45<45- to Moderately hard tan weathered MARL,fractured 1i 41` 17 z4 113 45.. i i Moderately hard to very hard tan wWhereed LIMESTONE, fractured, w/clay layers w� Very hard gray LIMESTONE w/clay layers 5010 25' 20 SOM25' Boring terminated at 20' 2- Notes: FIGURE:2 Alliance Geotechnical Group, Inc. LOG OF BORING B-2 Project: Wilbarger Street and Miller Avenue-Ft.Worth,Texas Project No.: E16-0410 Date: 04/29/2016 Elev Location: See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: F1 FVAT-OW Sok SYMBOLS DEPTH SAMPLER SYMWXS DESCRIPTION MC LL -200 DD PUNSu % % % % % 19f k9f (feet) 8 FIELD TF4T DATA % % pd ef 0 Dark brown sandy CLAY to clayey SAND w/numerous , 1 24 sand, limestone fragments&asphalt pieces(FILL) 1e 16 Dark brown very sandy CLAY to clayey SAND w/ 19 f \numerous limestone fragments and pieces (FILL) 22 101 16 16 48 Grayish brown and tan CLAY w/calcareous and iron 23 54 1e 36 102 17 nodules,jointed 21 I 17 16 22 109 1 3 33 15 Tan sever I w--eaft- red MARL w/clay layers, highly 3e fractured,jointed 14 32 15 45+ Tan marlyCLAY w/severely weathered marl layers, jointed Moderately hard to very hard tan weathered r 15 LIMESTONE, fractured, w/clay layers L Soros~ .__ Soros• Very hard gray LIMESTONE w/clay layers 20 = 50/0 25" 50/025~ poring terminated at 20' I � i Notes FIGURE:3 Alliance Geotechnical Group, Inc. LOG OF BORING B-3 Project: Wilbarger Street and Miller Avenue-Ft.Worth,Texas Project No.: E16-0410 Date: 04/29/2016 Elev.. Location See Figure 1 Depth to water at completion of boring: Dry Depth to water when checked: was: Depth to caving when checked: was: FI FVATION/ SOIL SYMBOLS DEPTH SAMPLER SYMBOLS DESCRIPTION MC LL PL P' Y) 00 P PEN UNCON Strain (feel) 8 FIELD TEST DATA pd Isf ksf % ° ! Dark brown very sandy CLAY w/sand seams(FILL) 14 Dark brown very sandy CLAY to clayey SAND 30 Grayish brown very sandy CLAY to clayey SAND w/ z1 I ' 22 calcareous and iron nodules 1e 30 13 17 ,e 20 22 s I 2B Grayish brown and tan CLAY w/calcareous and iron nodules,jointed / 1e 30 Tan and light gray CLAY w/calcareous nodules,jointed 45. 425 Tan severely weathered LIMESTONE, highly fractured, d s" 10 w/clay seams Moderately hard to very hard tan weathered LIMESTONE, fractured,w/clay layers fl: ,s t—�- 50/1 S' X21 5010 25" Very hard gray LIMESTONE sao s' 5oro25 Boring terminated at 20' I I I 1 I GI I Notes: FIGURE:4 Alliance Geotechnical Group, Inc. KEY TO LOG TERMS & SYMBOLS Symbol Description Symbol Description Strata symbols Soil_Samplera CLAY, , Thin Wall sandy Shelby Tube CLAY ' Auger Marly CLAY THD Cone Penetration Test Weathered MARL LIMESTONE, weathered LIMESTONE Sandy CLAY, Clayey SAND .rr . Marly, Severely •R r r Weathered LIMESTONE ♦ r�r • s i r ttre LIMESTONE, severely weathered Notes: 1. Exploratory borings were drilled on dates indicated using truck mounted drilling equipment. 2> Water level observations are noted on boring logs, 3. Results of tests conducted on samples recovered are reported on the boring logs. Abbreviations used are: DD - natural dry density (pcf) LL = liquid limit (%) MC = natural moisture content M PL - plastic limit (%) Uncon.= unconfined compression (tsf) PI = plasticity index P.Pen.- hand penetrometer (taf) -200 = percent passing (1200 4. Rock Corea REC = (Recovery) sum of core sample recovered divided by length of run, expressed as percentage. RQD = (Rock Quality Designation) sum of core sample recovery 4" or greater in length divided by the run, expressed as percentage. FIGURES Alliance Geotechnical Group, Inc. SWELL TEST RESULTS ATTERBERG IN-SITU FINAL % BORING DEPTH UNIT LIMITS MOISTURE MOISTURE LOAD VERTICAL NO. (FEET) WEIGHT LL PL pl CONTENT CONTENT IPSP) SWELL B-1 6-8 114.0 49 22 27 16.5 17.2 813 0.7 B-1 9-10 112.8 41 17 24 17.6 18.7 1188 1.1 B-2 4-5 102.3 54 18 36 22.6 23.2 563 0.6 PROCEDURE: 1. Sample placed in confining ring, design load (including overburden) applied, free water with surfactant made available, and sample allowed to swell completely. 2. Load removed and final moisture content determined. Awf"CE SWELL TEST RESULTS WILBARGER ST&MILLER AVE CfOMC.I�'1ICf�L FT.WORTH,TEXAS COUP ALLIANCE GEOTECHNICAL GROUP E16-0410 Date: 05/24/2016 FIGURE 6 RECOMMENDED SLOPE RATIOS Short Term Long Term under 8 hours over 9 hours SOIL/ROCK H V H V Very sandy clay to clayey sand and existing fill soils 1-'/s 1 2 1 Submerged soils from which water is seeping• 1-'/z 1 2 1 Stiff to hard clay, marly clay and weathered marl above 1 1 1 1 existing groundwater level 'A.Ir�O•/7 .dKA'i/d H H • �V Vf I I * In accordance with the best interpretation of OSHA regulations, submerged soil is defined as water bearing granular soils and jointed clay soils from which groundwater is seeping. NOTE: Recommended slope ratios may be subject to reduced stability under the influence of groundwater or saturation by rain. Recommended slope ratios are designed for safety only of temporary excavations and are not designed to prevent limited sloughing during construction. WILBARGER ST.&MILLER AVE. RECOMMENDED FIGURE f�OTEO" _ FT.WORTH,TEXAS _ SLOPE RATIOS CML GROUP DATE: June 20, 2016 PROJECT NO: E16-0410 7 LATERAL EARTH PRESSURES FOR INTERNALLY BRACED EXCAVATIONS -- Ground Surface H Excavation Bottom sh= kgH WHERE: sh = Lateral Earth Pressure, psf. g = Saturated Unit Weight of Soil; Use 130 pcf H = Height of Excavation, ft. k= Earth Pressure Coefficient; Use 0.40 NOTES: 1) If water is not allowed to drain from behind shoring or bracing,full hydrostatic pressure must be considered. 2) Surcharge loads and traffic live loads, if present, must also be considered. WILBARGER ST AND LATERAL EARTH MMAKE MILLER AVE (LOTe'QnQML FORT WORTH, TX PRESSURES FIGURE 8 (�ttOI,IP DATE: 6/20/2016 PROJECT NO: E16-0410 GC-6.06.D Disadvantaged Business Enterprise Requirements CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02552 Revised July 1,2011 ATTACHMENT 1A FORT WORTH Page 1 of 3 City of Fort Worth Disadvantaged Business Enterprise DBE Subcontractors/Suppliers Utilizatton Form Check Iicable block to describe prime OFFEROR COMPANY NAME: Bean Electrical, Inc 19 DBE ®NON-DBE PROJECT NAME: Wilbarger Street & Miller Avenue Pedestrian,Signal, BIDDATE 2/15/2016 PROJECT NUMBER: and Lighting improvements CPN 02552 CITVS Dee PROJECT GOAL: 3% Otfsrors DBE GOAL COMMITMENT: 20% Please read the following statements prior to executing this form. Offerors must provide information on all prospective subcontractor(s)tsuppliers who submit bidslquotations in support of this solicitation.failure to complete this forth,in its entirety with supporting documentation,and received by the Purchasing Division no tater 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[woks,records and fins 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 tees than three(3)years end for initiating action under federal,State or Local laws concerning false statements. Any fallura 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 subcontractorsisupgllers.Tier means the level of subcontracting below the prime conbactodconsulbnt i.e.a direct payment from the prime contractor to a subcontractor is considered 1 ter,a payment by a subcontractor to its supplier is conskiwed 2"Aler. The prime contractor is responsible to provide proof of payment of all tared subcontractors Identified as a DBE and counting those dollars towards we ng 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. N the materials or supplies are purchased from a DBE regular dealer,count 60 percent of time 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 fess or transportation charges for the delivery of the materials or supplies delivered to the job sift. In all uses,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 tock used on the contract. The DBE may lease trucks from another DBE firm,including DBE owner-operated and receive full DBE cradiL The DBE may lease trucks from ran-DBEs,including owner•opersted,but will only receive credit for the fees and commissions earned by the DBE as outlined in the lease agreement Note:Be mindful of the 60%rule. Rua.2/10115 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. r NAMES AND ADDRESSES OF TYPE OF WORK TO BE Spec ft CERTIFIED DBE FNW PREVIOUS YEARS ANNUAL SUBCONTRACTORSISUPPLIERS PERFORMED Tier GROSS RECEIPTS Name: E1 Cala Construction, LLC Typeofwork: Concrete, Asphalt patch Yes a roan sSooK Address:P.O Box 7576 1 No BOOK-$2 mil. Fort Worth, Tx 76111 2 mil $5 mil Phone: 817 271 3640 CertifiedQ a rnore than$5 mil. Fax: 817 222 0578 $AMOUNT: 236,397.00 NCTRCA IkTxDOT=l Email:ms.elcala®att.net Contact Person:Manual Salas Nafne: Type of Work: - — — ----- --- — 1 Yes_ ss than$BOOK Address: No f5ol -$2 mit. $2 mil SS mil Phone: Certified B , more than 65 mil Fax: s AMOUNT: NCTRCA TxDOT II Email: Contact Person: Name: -�� rType of Work: --t Yes less than$BOOK Address: No $SOUK-s2 mil. LZN2 mll $5 mil Phone: Cerdfled B . roha othan$$mu. Fax: I $AMOUNT: 1 NCTRCA Ia TxDOT Email: Contact Person: Name: Type of work: Yes than$BOOK Address: No -$2 mil. P272mil-slimil Phone; :Certified B more than$ s mll. Fax: $AMOIilyT NCTRCA i�TxDOT II Email: —� I Contact Person: i Rev.110116 ATTACHMENT IA FORT WORTHPage3of3 Disadvantaged Business Enterprise Subcontractors/Suppliers Utilization Form NAMES AND ADDRESSES OF TYPE OF WORK TO BESpecify CERTIFIED DBE FIRM PREVIOUS YEARS ANNUAL SUBCONTRACTORSISUPPLIERS PERFORMED Tbr i GROSS RECEIPTS Name. i Type of work: Yea P�rXOK an S600K Address: No B -im2 mil_ib mil Phone: Certified BIg : nore than ib mil. Fax: $AMOUNT: NCTRCA El TxDOT Q Email: Contact Person: Name: Type of Work: — Yee _—_Y– lose Man$600K Address; No 8 $am-$2 mil 62 mil_$6 mil Phone: Certified B . more than M mil. Fax: i AMOUNT: NCTRCA El TxDOT Q Email: Contact Person: The undersi eror agrees to enter into a formal agreement with the DBE firms for work listed in this schedule,conditioned upon execution of e contrac e C Orth. The intentional and/or knowing misrepresentation of facts Is grounds for consideration of disqualification and Will resu n the b ng nsidar.d non-responsive to bid specifications. ALL DBES MUST BE CERTIFIED BEFORE CONTRACT AWARD. Roy E Bean II Wrtfioriza Signature Printed Signature President TWO Contact Name and Title(d dtfferent) Bean Electrical, Inc 817 561 7400 817 561 7403 Company Name Phone Number Fax Number 821 E Enon cbeanobeanelectrical.com Addralss Email Address Everman, TX 76140 2/16/2018 Clty/Stateop Code Dow rew.v+ry+a o North Central Texas Aeglmal CertifeuatIm Agency April 13, 2017 Manuel Sales EI Cala Construction, LLC P. 0. Box 7576 Fort Worth, TX 76111 RE: DBE Certification Affidavit No. 18238 Dear Sales: Congratulations! Your firm has been certified by the North Central Texas Regional Certification Agency("NCTRCA")and with the State of Texas Unified Certification Program("TUCP")as a Disadvantaged Business Enterprise(DBE).Your Certification Identification Number is HMDB74824Y0418. In accordance with U.S. Department of Transportation("USDOT") DBE certification eligibility requirements promulgated at 49 C.F.R Part 26('the Regulations")your firm is certified as a DBE In the following areas listed on page 2. This certification shall remain valid, unless and until it has been removed in accordance with procedures set forth in 49 C.F.R. §26.87. In order to remain certified, you must submit annually, on the anniversary of your DBE certification, a"No Change Affidavit". A No Change Affidavit is a swom affidavit affirming that there have been no changes in the firm's circumstances affecting its size, disadvantaged status, ownership or the control requirements of the regulation,or any material change In the information provided in Its application for DBE certification, including the support documentation,Any changes to contact Information, ownership, and/or expansion of services must be communicated to the NCTRCA within thirty(30)days of the change. Failure to provide these changes could result In your firm being removed from the certified vendor database.The NCTRCA and/or the TUCP reserve the right to reevaluate a firm's certification status at anytime that they determine such re-evaluation Is warranted. Thank you for your participation in the NCTRCA DBE Certification Program. Please contact me at 817-640-0606 if you have any questions or if I can be of assistance to-you. Sincerely, t Elicia Mitchell, MPA Executive Director 624 Six Flags Drive,Suite 100 " Arlington,Texas " 76011 " 817.640.0606(phone) " 817.640-6315(fax) " www.nctrca.org For online applications go to: https:llnctrce.mwdbe.com Page 2 April 13, 2017 Manuel Salas EI Cala Construction, LLC This firm is Certified under the following Commodity codes/area(s)of specialty: NAICS 236220: COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION NAICS 237310: HIGHWAY, STREET,AND BRIDGE CONSTRUCTION NAICS 237990:OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION NAICS 238910:SITE PREPARATION CONTRACTORS NAICS 238990:ALL OTHER SPECIALTY TRADE CONTRACTORS i Disadvantaged Business e Enterprise Certification \s North Cent WToesReg"Certl6cacwn Ager,ty 1 EI Cala Construction, LLC has filed with the Agency an Affidavit as defined 49 CFR Part 26 and is hereby certified to provide service(s) In the following areas: NAICS 236220:Commercial And Institutional Building CONSTRUCTION;NAICS 237310:Highway,Street, And Bridge CONSTRUCTION;NAICS 237990:Other Heavy And Civil Engineering CONSTRUCTION;NAICS 238910:Site Preparation CONTRACTORS;NAICS 238990:All Other Specialty Trade Contractors April 13,2017 This Certification commences and supersedes any registration or list- Ing previously issued. This certification must be updated annually by submission of an Annual Update Affidavit.At any time there is a change in ownership,control of the firm or operation,notification must be made immediately to the North Central Texas Regional.Certification Agency for eligibility evaluation. April 17 Certification Administrator Issued Date: ,20 CERTIFICATION NO. HMDB74824YO418 :j t Minority Business o e Enterprise Certification North Cenral Taus k*nal CcdfioUon Ager" F C EI Cala Construction, LLC has filed with the Agency an Affidavit as defined by NCTRCA M/WBE Policies&Procedures and is hereby certified to provide service(s)in the following areas: NAICS 236220:Commercial And Institutional Building CONSTRUCTION;NAICS 237310:Highway,Street, And Bridge CONSTRUCTION;NAICS 237990:Other Heavy And Civil Engineering CONSTRUCTION;NAICS 238910:Site Preparation CONTRACTORS;NAICS 238990:All Other Specialty Trade Contractors This Certification commences April 13,2017 and supersedes any registration or listing previously issued.This certification must be updated every two years by submission of an Annual Update Affidavit.At any time there is a change in ownership,control of the firm or operation,notification must be made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. I ration: \l c Certification Expi __ April 20 18 ����" April 17 Certification Administrator Issued Date: 20 CERTIFICATION NO. HMDB74824YO418 ii jillill 1,1U (, \ "Y• a � i�h .i'}'. ;ice: "* -�� ,r`�; •- i�� !��� � i' x Small Business TOCP �%S: o e Enterprise Certification NI CentralTezas Regional Certlfimfm Pgem EI Cala Construction, LLC has filed with the Agency an Affidavit as defined 49 CFR Part 26 and received DBE Certification and is hereby certified as a SBE to provide service(s)in the following areas: ^ NAICS 236220:Commercial And Institutional Building CONSTRUCTION;NAICS 237310:Highway,Street, And Bridge CONSTRUCTION;NAICS 237990:Other Heavy And Civil Engineering CONSTRUCTION:NAICS 238910:Site Preparation CONTRACTORS;NAICS 238990:All Other Specialty Trade Contractors i, April 13,2017 This Certification commences and supersedes any registration or list- ing previously issued.This certification must be updated annually by submission of a No Change Affidavit.At any time there is a change in ownership,control of the firm or operation,notification must be ti made immediately to the North Central Texas Regional Certification Agency for eligibility evaluation. �- April 189 J" Certification Expiration: ,20 _ Issued Date: April ,20 17 Certdmi istrator CERTIFICATION NO. HMDB74824YO418 �� alp R 1% -- W - - - W, GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas,which includes certifying minority and woman-owned businesses as HUBs and is designed to facilitate the participation of minority and woman-owned businesses in state agency procurement opportunities. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at hftp://www.Wndow.state.tx.us/procurement//cmbl/hubonly.html. Provided that your company continues to meet HUB eligibility requirements,the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note:Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List(CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Programl If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. — — — — — — — — — — — — — — — — — — — — — — — — — — Texas Historically Underutilized Business (HUB) Certificate CertificateNID Number: 1208586097600 File/Vendor Number: 467353 Approval Date: 28-AUG-2015 OvItUB Scheduled Expiration Date: 28-AUG-2019 9tsm�vlda Fo�rcdy Ibdrudd ww.Repan The Texas Comptroller of Public Accounts(CPA), hereby certifies that EL CALA CONSTRUCTION, LLC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 28-AUG-2015, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately(within 30 days of such changes)notify the HUB Program in writing.The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. `;� A. (::;6..,, Paul Gibson, Statewide HUB Program Manager Texas Procurement and Support Services Note: In order for Slate agencies and institutions of higher education(universities)to be credited for utilizing this business as a HUB,they must award payment under the CertificateNID Number identified above.Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet(http:l/www.window.state.tx.us/procuremenUcmblkmblhub.html)or by contacting the HUB Program at 1-888-863-6881 or 612-463-6872. aay.01/15 GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority and woman-owned businesses as HUBS and is designed to facilitate the participation of minority and woman-owned businesses in state agency procurement opportunities. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at http://www.window.state.tx.us/procurement//cmbl/hubonly.html. Provided that your company continues to meet HUB eligibility requirements,the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principa[ place of business. Note:Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List(CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Programl If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. — — — — -- — — — — — — — — — — — — — — — — — — — — — Texas Historically Underutilized Business (HUB) Certificate CertificateNlD Number: 1208586097600 FileNendor Number: 467353 1& 14UB Approval Date: 28-AUG-2015 Scheduled Expiration Date: 28-AUG-2019 Aem�wae two�r�a�u,awree.a sum rroa�n The Texas Comptroller of Public Accounts(CPA), hereby certifies that EL CALA CONSTRUCTION, LLC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 28-AUG-2015, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility.HUB certification may be suspended or revoked upon findings of ineligibility. Paul Gibson, Statewide HUB Program Manager Texas Procurement and Support Services Note:In order for State agencies and institutions of higher education(universities)to be credited for utilizing this business as a HUB,they must award payment under the CertificateNlD Number identified above.Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet(http://www.wirtdow.state.tx.usiprocurement/cmbi/cmbihub.htmi)or by contacting the HUB Program at 1.888-863-5881 or 512-463-5872. Rev.01/15 E''; c 0-4) - 00° 0 3 .- va EW f w ifMOL0 NEa m0 °u k dp 4CL � 000 CL 12 U. 0 E °' At$ EEc Q ac U'S L.c s•c 61 3� c CL � ro € m CL (D o®Z A ° Im•Cc0 CL mo AN 0 7 O 0 WW� NG W mWSo« G Ea 2 -0 'pao a °ae A ` A0t o= oN G W ' L. 3 B V C-v °� O c coW pd c�TaW12E vm CLEI Er = w0 ar � u.N ' oL p fQ ` d � A 3 �t 'Sa,O ° c 2 c 3E >EE ° � N 'S'&2.2, a0ai °' _O EU m cc ro� a-E eH.E `p a$ MO tm.O H8 4W E9 agE. 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Box 7576 Fort Worth, TX 76111 RE: DBE Certification Affidavit No. 18238 Dear Sales: Congratulations!Your firm has been certified by the North Central Texas Regional Certification Agency("NCTRCA")and with the State of Texas Unified Codification Program('TUCP")as a Disadvantaged Business Enterprise(DBE),Your Certification Identification Number is HMDB74824Y0418. In accordance with U.S. Department of Transportation("USDOT") DBE certification eligibility requirements promulgated at 49 C.F.R Part 26("the Regulations")your firm is certified as a DBE + in the following areas listed on page 2. This certification shall remain valid, unless and until it has been removed in accordance with procedures set forth in 49 C.F.R. §26.87. In order to remain certified,you must submit annually, on the anniversary of your DBE certification, a"No Change Affidavit". A No Change Affidavit is a sworn affidavit affirming that there have been no changes in the firm's circumstances affecting its size, disadvantaged status, ownership or the control requirements of the regulation, or any material change in the Information provided in its application for DBE certification, including the support documentation.Any changes to contact information, ownership, and/or expansion of services must be communicated to the NCTRCA within thlrty(30)days of the change. Failure to provide these changes could result in your firm being removed from the certified vendor database. The NCTRCA and/or the TUCP reserve the right to re-evaluate a firm's certification status at anytime that they determine such re-evaluation Is warranted. Thank you for your participation in the NCTRCA DBE Certification Program. Please contact me at 817-640-0606 if you have any questions or if I can be of assistance,to you. Sincerely, Elicia Mitchell, MPA Executive Director 624 Six Flags Drive,Suite 100 " Arlington,Texas " 76011 " 817.640-0606(phone) * 817.640.6315(fax) " www.nctrca.org For online applications go to: http9:11nctrca.mwdbe.com E0 or= eogr u.lQ m = p .2 crw6. � 5 '- a° a { warn cm0 0 v19� ° v c c A E a otvar a W a w $ yN y w e '- rn a) a U 'C ,.0N.a• aYYuavs mG ` Cuygau•r V°a N` damCoy�'gAaoaL•aZ• €m$AcOoAa r 13 Ey E m � Ea �a k ao. 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Q §) ( � x § B § d z2 e ■ ■ LA IL a a a ' j m � Z.: m 0 . & 0 . � E § ® c E � § a2 § � £ E § � I E o m _ E o _ E o m _ E o U z « aU. wU 2 « aU. w0 2 « CL 2 « aLLw0 fn e - 2 = Z\ § & w 6 § Cc a. a 22 § Z■ x � < 4cIL 0 02 ;U) _ � ��d &e= ow Ir W § EEw ) ■ � ® �� �$■ ■ c_® § c2& & c _ .■■ _ . ,� . . �= 00 M0 � - a� = - ■ � § 0 Ir uj �k� � �Lo N o _ __ E _ - , Ou ■ �[ q 7 k � ■ w � o U. 0x f o § E o ® 2 ■ 2 ' 2 $ U- U. ■ Ix aU 7u ■ � ©m w � a « �' u ■ 2 ■ . o .0 . o ,u L. e ■ N rz 0 �z uz ■ - 2 a e , 0 LU 0 0 § § Ik z § u w c C k a 0 v E w o CL � M & 0 LL M U) o0 ' e Ne UJ 0w E- 2 � 0 � © o u ■ U. § te e > L- 2� o �_ 0 k 0 CL D k 0 k ® � 02 e -0U) � 4 � 4 i a\ co 12 .2 I oac « 2 = E a U-k § $ 2 §% t0 � LU LL U) §� 12 0 0o © a 0 0 z �0 g= � k Im 0 0 k 4) m 2 § vI 0 � IL a 9 � M, 2 % 2 0 2 c ..= a ¥ S ■ « P U « U & 2 $ § B § § 2 2 § § § 2 « aU. wQ z « au. wu ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Disadvantaged Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror l PROJECT NAME: - MhV/DBE11 FI -JN M&b -riF BID DATE City's DBE Project Goal: Offeror's DBE Project Commitment: i PROJECT NUMBER % % 1 - If both answers to this form are YES, do not complete ATTACHMENT 1 C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 mm.on the second City business day after bid opening,exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO 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)on this contract, the payment thereof and any proposed changes to the original 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 DBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1)year. Authorized Signature Printed SlWwture Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address CitylState/Zip Date Rev.2110/15 ATTACHMENT 1C Page 1 of 4 FORT WORTH City of Fort Worth Disadvantaged Business Enterprise DBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: — MAN/DBE11 NON-M/W/DBE BID DATE Clty's DBE Project Goal: Offeror's DBE Project Commitment: PROJECT NUMBER If the Offeror did not meet or exceed the DBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the Offeror. 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 bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. _ (Use additional sheets,if necessary _ List of Subcontracting Opportunities List of Supplier Opportunities Rev.2110115 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current(not more than two(2)months old from the bid open date) list of DBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing No 3.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? _Yes (If yes,attach DBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? Yes (If yes,attach list to include name of DBE firm, ep rson contacted, phone number and date and time of contact.) No 6.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? Yes (If yes,attach list to include name of DBE firm,fax number and date and JiM of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened? _Yes; (If yes,attach email confirmation to Include name of DBE firm,date and time. In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods In order to deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire DBE list specific to each subcontracting and supplier opportunity to ba In compliance with questions 3 thru S. 7.) Did you provide plans and specifications to potential DBEs? Yes No Il.) Did you provide the Information regarding the location of plans and specifications in order to assist the DBEs? _Yes No Rev.2110/15 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the DBEs to bid on goodsiservices specific to their skill set? Yes (If yes,attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) No 11.)Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The 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 on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev.2110/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.Z7Oil S Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH DBE Joint Venture Eligibility Form All questions must be answered.u.se"MA"if not applicable. Name of City project: . A.ioint venture form must be completed on tb project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture DBE firm Non-DBE firm name: name: Business Address. Business Address: City.State.Zip. City.state."Lip' Telephone Facsimile E-mail Telephone fi Facsimile Cellular Cellular I Certification Status: E-mail address Name of Certifying Agency: 2.Scope of work performed by the Joint Venture: Describe the scope of work of the DBE: Describe the scope of work of the non-DBE: Rev 2/10/15 Joint Venture Page 2 of 3 3.What is the percentage of DBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do uol complete if this iujormotiou is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6. Identify by name,race,sex and firm of those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions Ito include Account Payable and Receivable): -- Management decisions: a. Estimating b. Marketing and Sales ---- --- --------------- e. Hiring and Firing of management personnel --------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the DBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants,the individually defined scopes of work or the dollar amountsipercentages change from the originally approved information, then the participants must inform the City's MIWBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's DBE Program Rev 2/10/15 Joint Venture Page 3 of AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore,the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. —— - ----------------- ........................ .................----------------------------------------- Name of DBE.line Hume ot'non-1)[3t:firm Printed Nameuf0mier Printed Name of Owner Signature of 0mier Signature of Omer Printed Nameol'O\vner Panted Name of(hwrer Signature of 0mier Sienature of(honer title Iltle Date Date Notarization State of County of On this day of . 20 before me appeared and to me personally known and who, being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print New Notary Public Signature Commission Expires (seal) Rev.2/10/15 GC-6.07 Wage Rates CITY OF FORT WORTH Wilbarger St.&Miller Ave.Intersection Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02552 Revised July I,2011 C m n O CNI GAD � GnR V -1 C2 N m O A O tn7, 001 uj Q N � M v f7 Ol Q m N M N N m O N N Q O F 3 w w w w w w w w w w w w w w q w w w N N m m m n m n O m d1 M f0 Q l+l m N n N f7 O1 0 W p A O h h O m O r CO f0 OU m 0 n m 0 N Ol V m M O r N fQ_' nl fN t+l r L'� th ^ M r fV ^ O ' (V O p K w w w w w w w w w q w w w w w w w w w w w w w w w H W N x H n n g m m v 8 R cmo n r 1 NO Oi V' 6 f+i 6 O r V' Z Q Lu x w w w w w w w w w w w w w w w w w w w w « F N N Z Cl! GOD O m N O t00, N IC W Ag Q N O N OI N r• O C O CO C Q 07 Nlu Q m m m 0 N N f` 2 A Q th r W th O O l0 p n N Q, fy t7 0 N co Cm') M N N tA0 Q (h N O O t0 h m IC Z M! 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O � C V tC O � ` V T L L m m ttl � W z O V 9 V 0 m F m ti y R o L @3 W m mm m ti G v m p R Q O m t C OC7 a`l m rn m c `m 2 E _ ami �cmi 0 Q c 'o m 0 m m n o 0 0 ~ o 0 ` O O 12 o U 2 r , �9'GOyK0CL CIS >` p m O NCCC CQ O C E ic B 5 06 x m m V = 2 a mZ6 dm n c 2 c a c om > > > m v o o U illC C U �7 m - EO p O m cm m md 02 200 o o b am m 2 m 2 2 2 CL am a a (or (n n In o V) _ In In N in In F F F F F F F F 3 u m U) n O O m C) m C) C) C) C) mV NN Nn eC) Ou7 NV h H m V V O m O O OV V V N n C) N n N OnV Om Nm OOm Om m V IV nO Oill iy T':0 O L) z F 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 Coma[ 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 Polk 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 411 lRandall 7 01-06-2017