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HomeMy WebLinkAboutContract 33573 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No WHEREAS, Kimball Hill Chadwick Farms, LP, hereinafter called "Developer", desires to make certain improvements to Elizabeth Creek Bridge, a drainage facility located in Chadwick Farms, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant and Denton, and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, subsequently amended and approved by the City Council of the City of Fort Worth, is hereby incorporated into this Community Facilities Contract as if copy herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph 8, Section II, o 06-02-06 PO4 :43 IN G. The Developer shall cause any bridge painting contemplated herein to be done in accordance with the 2004 Texas Department of Transportation (TxDOT) Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, Item 427 — Surface Finishes for Concrete and TxDOT Departmental Material Specification 8110—Coatings for Concrete. H. The Developer shall submit the proposed materials/paint MSDS sheets and paint color samples to Julie Westerman, Graduate Engineer, City of Fort Worth Transportation & Public Works Department, for City approval before a notice to proceed will be issued by the City. I. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such iniuries, death or damages are caused, in whole or in part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. J. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. K. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). L. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). M. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. N. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to construct current and future improvements provided for in this agreement. O. Developer agrees to complete the proposed improvements as shown on the exhibit B attached hereto. P. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in Qonflict with any of the community facilities to be installed hereunder. II. Street and Storm Drain Facilities A. The Developer(s) agree to paint or to cause to have painted, the storm drainage facility shown on the attached Exhibit B. B. As shown below in the "Summary of Cost Chadwick Farms — Painting Elizabeth Creek Bridge", the Developer shall fund its share of the improvements and shall pay to the City for its share of the cost of the improvements. The estimated total cost of improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $10,418.72. 3 CIT 6KIVR2Y SUMMARY OF COST Chadwick Farms - Painting Elizabeth Creek Bridge Item Developer City Cost Total Cost Cost A. Construction - - - 1. Streets $10,018.00 - $10,018.00 2. Storm Drainage - - - 3. Street Lights - - - 4. Street Name Signs - - - B. Engineering Design - - - C. Construction Engineering and Management by DOE 4% $400.72 - $400.72 D. Materials Testing by DOE 2% - - - TOTALS $10,418.72 - $10,418.72 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent(2%) of paving and storm drain costs for materials testing. 4 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in quadruplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth, Texas this the day of ,2006. RECEIVED CITY OF FORT WORTH ,A,o 1 Approval Recommended: By. / By: 4t (& Robert Goode, P.E., Director Marc A. Ott Transportation and Public Works Assistant City Manager Approved as to Form and Legality: By: Assist Ci Attorney ATTEST: NO M&C REQUIRED By: Marty Hendrix City Secretary- DEVELOPER ecretaryDEVELOPER Kimball Hill Chadwick Farms, LP a Texas limited partnership By: Kimball Hill Homes Dallas, LP a Texas limited partnership, its general partner By: Kimball Hill Homes Dallas Operations, LLC Its general artner By: Samuel L. W III, Vice President ATTEST: B rs e Secr ar CITY n, Texas Motor Speedway 5 35W C, GF Northlake } Fj. Cit Limits LJ F nth Forth Worth MEP City imits E1'zabethtow °t emetery ST*7'+L+ �ro � ,r SUE �a4,Q1 �e CreeK UL LITSEY CHADWICK �a FARMS ,e` VICINITY MAP N.T.S L 0 0 N 0 N CLEVE�Ll "LAND— H13 ) D �O1S 21� 0 n CHADWHCK FARMS L O -� ELNZABETH CREEK O z TO CHTY OF FORT WORTHINORTHLAKE CHTY LHMHTS v. 2 m LOCATEDEN O_ CHTY OF FORT WORTTH9 TEXAS U I c 0 U 0WNM\DEVE,0PFa- IPRE1PARFDBY: Chadwick Farms, Ltd. ®®DWHN1 0 5300 Town&Country Blvd., Ste 260 MARSHALL i Frisco,Texas 75034 CMAN L ENGINEERS—PLANNERS—SURVEYORS 2405 Muelen0 Dd-,Grapevine,Te 78057 �T ]T Metro(81-n 329-4373 M MARCH, 2004 Li .u� N a F 5ticc a t,'i.% iillflj (A ' W !j7 '�'iii' 1111111 Q jiiii;i j1lljf J !ilii, iii!ni N Z jiii Q cr MUM 9 >>— a J~H ~H O +`'l' 51111111 !—ECO w w w O co W j (n Z f iil;jiil H CY Q !—Q Q " i w w Y F--w z r Z a Q�w 0 N O W O p z iii iit;; ;:i•;!,tt�'liV }N W LL, Q (A U U U i,iiiiiiii, / '! i lois•t• p~L� LI V p ii!i;i;i � li;llf l;t',, w0z ZZ M W O Q d \` Ill;r lllkd O , co O w CO ,n a N/d � CL O � s �JWU'J df 01 � i;ii ,IRpJ�Y—�J�1J ''`ll'`'`•;i T!i�ii�iirr U:Mi;l ++ �I'Iiliiil AQ `A liii 'WM \ l , ' � i RECEIVE] SHORTFORM CONTRACT This Agreement (hereinafter "Contract") is made this 23rd day of March, 2006, by and between Kimball Hill Chadwick Farms, L.P., (hereinafter "Owner"), and Austin Bridge & Road, L.P., (hereinafter"Contractor"). Owner and Contractor agree as set forth below. 1. Project Name and Location: Chadwick Farms,Phase I,Section II,located in the City of Fort Worth, Denton County, Texas. 2. The Work: Contractor shall furnish all labor,materials, equipment and services to perform the following work in strict accordance with the Contract Documents. [See attached Exhibit "A" and Exhibit "A-1"] 3. Contract Time: Contractor shall commence the Work on or about March 1 st,2006,and shall complete the Work after no later than a total of 30 working days. Time is of the essence of this Contract. 4. Contract Sum: Owner shall a Contractor a lump sum rice of� lc as shown pay P P (P on attached Exhibit `A') for full performance of the Contract, subject to additions and deductions as provided herein. 5. Payment: Owner shall pay Contractor for the Work on the payment schedule herein whereby invoices will be paid on the next Friday following 30 days from the invoice date,based on monthly invoices reflecting the actual progress of the work. Direct all billing invoices or related questions to Kimball Hill Homes located at 3010 LBJ Freeway, Suite 1100; Dallas, Texas 75234, and to the attention of Ms. Betty Crudden. You may also reach her by phone (972)481-2224 or by facsimile (972) 243-3189. 6. Contract Documents: The Contract Documents consist of this Contract, the General Conditions attached hereto and incorporated herein, Exhibits "A" and "A-1", Exhibit "B", Exhibit"C", Exhibit"D", any modifications executed after execution of this Contract, and the following additional documents: [NONE] [SIGNATURES ON NEXT PAGE] 2558.0/435530.1/TRBARBER 1 1iO KIMBALL HILL CHADWICK FARMS, LP AUSTIN BRIDGE & ROAD, L.P. Owner Contractor By: By: Name: —:Upk �L 1-. V.�J-be,ar Name IYLe� Title: N6C4rvr P145-stpeoW Title: 2558.0/435530.IrFRBARBER 2 6 GENERAL CONDITIONS OF CONSTRUCTION CONTRACT 1. Means and Methods. Contractor shall be solely responsible for and have control over construction means,methods,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract unless otherwise specified herein. 2. Utilities, services, etc. Contractor shall provide and pay for labor, materials, equipment, tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services necessary for the proper execution and completion of the Work, including all incidental items required for full completion of the Work, even though not particularly specified or indicated in the Contract Documents. 3. Materials and Workmanship. Contractor warrants to Owner that materials and equipment furnished under the Contract will be of good quality and new unless otherwise permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized,may be considered delc live. 4. Ordinances, Laws, Permits and Safety. All penOAO and licenses necessary for the prosecution of the Work shall be secured and paid for by Owner,unless otherwise specified in writing. Contractor shall give all notices,and comply with all laws,ordinances,rules and regulations bearing on the performance of the Work. If Contractor observes the specifications or any drawing are at variance therewith, he shall promptly notify Owner in writing and any necessary changes must be adjusted to the satisfaction of Owner before proceeding with the Work. If Contractor performs any work knowing it to be contrary to any of such laws, ordinances, rules and regulations, and without such notice, he shall bear all costs and damages arising there from or in connection therewith. Contractor shall be solely responsible for safety and shall take all necessary precautions to perform the Work safely and avoid injury to persons and property. 5. Subcontracts. Contractor shall not sublet or subcontract any portion of the Work without prior written permission of Owner, which will not unreasonably be withheld. 6. Taxes. Contractor shall pay all sales, use or other taxes of every kind applicable to the performance of the Work. 7. Assignment. Contractor shall not assign the Contract or any monies to become due hereunder without prior written consent of Owner. 8. Clean-up. Contractor shall keep the Project and surrounding area free from accumulation of waste materials or trash caused by operations under the Contract. At completion of the Work, Contractor shall" remove from and about the Project waste materials, trash, Contractor's tools, construction equipment and machinery, and surplus materials. 2558.0/435530.1/TRBARBER 3 9. Liability Insurance. Contractor shall maintain, in amounts satisfactory to, and with companies approved by Owner,such insurance as is [specified at Exhibit B hereto and as] necessary to protect Contractor and Owner from claims under workers' compensation acts, and from any other claims for damages, or for personal injury including death, which may arise from operations under this Contract,whether such operations be by Contractor,or any Contractor, or anyone directly or indirectly employed by either. No officer, employee or agent of Owner is authorized, under any condition, to waive this requirement. Contractor shall provide Owner with a Certificate of Insurance as evidence of his compliance with this provision, prior to commencing the Work, and as a condition precedent to payment for services covered by the Contract,and Owner shall be named as an additional insured on any and all such policies of insurance. 10. Indemnification. TO THE FULLEST EXTENT OF PERMITTED BY APPLICABLE LAW, THE CONTRACTOR SHALL INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS THE OWNER, ARCHITECT AND ENGINEER (IF APPLICABLE)AND THEIR RESPECTIVE OFFICIALS,OFFICERS,DIRECTORS, PARTNERS,SHAREHOLDERS,AGENTS AND EMPLOYEES(COLLECTIVELY, THE "INDEMNITEES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, FINES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, PENALTIES, AND EXPENSES, [INCLUDING ATTORNEY FEES AND COURT COSTS], OF ANY NATURE, HIND OR DESCRIPTION MADE OR ASSERTED BY ANY PERSON OR ENTITY RESULTING FROM THE WORK,ONLY IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OR WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER LEGAL FAULT OF THE CONTRACTOR IN THE PERFORMANCE OF THE WORK. This indemnification shall not be limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts or other employee benefit acts. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations under Paragraph 10,such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligations shall continue in full force and effect. It is understood and agreed that Paragraph 10 above is subject to,and expressly limited by,the terms and conditions of Texas Civ.Prac.&Rem.Code Ann.Sec. 130.001 to 130.005,as amended. Contractor's obligations under this Paragraph 10 shall survive completion, final payment and/or termination of this Contract. 11. Extras and Changes. Any claims for extra work or changes in the Work will not be allowed unless approved in writing by Owner prior to performance of such work. 2558.0/435530.1/TRBARBER 4 12. Inspections and Acceptance of Work. Owner and its representatives shall at all times have access to the Work. All materials and workmanship shall be subject to inspection and ' acceptance by Owner. No payment will be made on account of work done until after inspection by Owner. 13. Defective Work. Neither final payment nor any other provision in the Contract shall relieve Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, Contractor shall remedy any defects due thereto and/or pay for any damage resulting there from. 14. Guarantee. Unless otherwise specified herein, Contractor guarantees that all work to be performed and all materials to be furnished under this Contract shall be free from defects in materials and workmanship for a period of one(1)year from final payment,and such defects shall be corrected without cost to Owner. Contractor's warranty excludes remedy for damage or defect caused by abuse,modifications not executed by Contractor,improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. 15. Title. Title to all completed or partially completed work at the jobsite and to all materials delivered to and stored at said jobsite which are intended to become part of the completed work shall be in Owner's name,but Contractor shall bear all risk of loss relating to said work and materials until Owner accepts the Work. Contractor shall indemnify, defend and hold Owner harmless from and against any and all claims or liens of suppliers or others furnishing materials or labor for the Project. Upon request by Owner, Contractor shall furnish Owner with a bond to indemnify Owner against such liens. 16. Default and Termination. If Contractor defaults, the Owner, after twenty-four(24)hour written notice to Contractor and without prejudice to any other remedy Owner may have, may make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due Contractor. Alternatively, Owner may terminate this Contract and take possession of the site and of all tools, and construction equipment and machinery thereon owned by Contractor any may finish the Work by whatever method Owner may deem expedient. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, such excess shall be paid to Contractor, but if such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. This Contract may be terminated without reason by Owner, for its convenience, in whole or in part,by giving ten (10) days notice in writing,in which event Contractor shall cancel any and all cancelable orders for materials or equipment ordered for the Project, and shall forthwith remove any and all of his equipment and tools from the premises and shall thereafter have no further right to enter upon the said properties without permission of Owner. Upon termination for convenience, Owner shall pay Contractor for all work performed and/or materials delivered to the date of termination. In the event Owner terminates Contractor for cause and it is later determined by a court of competent jurisdiction that such termination was improper and/or wrongful,such termination shall thereby be deemed as a termination for convenience and Contractor's damages shall be limited to those payable by Owner for such termination for convenience. 2558.0/435530.1/IRBARBER rj EXHIBIT A The following items comprise Exhibit"A": 1) The color the bridge is to be painted was identified at an on-the-ground meeting with Messrs. Raymond Gilmore, Wayne Crabtree, and Mike Boswell in attendance. The color selected, to the best of our knowledge, was identified as a Behr—"Brown Bread." Mr. Gilmore was provided with the sample which he plans to match. This color is different from that provided in the proposal provided by Austin Bridge and Road, L.P. 2) Paving and Drainage Construction Plans for Cleveland-Gibbs Road, issued for construction September 30, 2004. The scope of work shall consist of painting the structure shown therein, and attached hereto by reference for all purposes. 3) Copy of the Section 5, DMS-8110, Coatings for Concrete, taken from Departmental Material Specifications,promulgated by the Texas Department of Transportation, Revised Jan. 2006. 4) Copy of the Item 427, Surface Finishes for Concrete, taken from Departmental Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, promulgated by the Texas Department of Transportation, Revised June 2004. 5) Engineer for the project is Goodwin and Marshall, Inc., % Mr. Jason Weaver, P.E.; 2405 Mustang Drive; Grapevine, Texas 76051; Phone: (817) 329-4373; Facsimile: (817) 329-4453. 6) Work shall only commence upon approval to do so by the City of Fort Worth, Texas. Contractor shall be responsible for contacting Dig Tess and field verifying the location of all existing utilities in the vicinity of any proposed construction excavation. Contractor shall contact the Owner and Engineer immediately if any discrepancy is found in the field. 2558.0/435530.1/7RBARBER 6 Chapter 4—8000 Series Section S—DMS-8110, Coatings for Concrete Section 5 DMS-8110, Coatings for Concrete Overview Effective Date: August 2004 (refer to 'Archived Versions' for previous versions). This Specification governs the materials, composition, quality, sampling, and testing of coatings for concrete, and contains the Standard Formula for concrete paint and finished product requirements for adhesive grout, clear acrylic sealers, and opaque sealers. Bidders' and Vendors' Requirements Before any bid is considered, the Department or the Texas Building and Procurement Commission (TBPC) may require the bidder or vendor to submit a detailed statement of previous experience in performing similar or comparable work, business and technical organization, financial resources, and manufacturing facilities, which are to be used in performing the work described in the Contract. The Department or TBPC may reject any bid submitted for unsatisfactory facilities, resources, or experience. Material Producer List The Materials and Pavements Section of the Construction Division (CST/M&P) maintains the Material Producer List (MPL) of all materials conforming to the requirements of this Specification. Materials appearing on the list of pre-approved surface finishes for concrete may require sampling and testing before use. 'Sampling Structural Coatings' describes the sampling procedure. Payment Procurement by the State Payment for all materials will be in conformance with the conditions prescribed in the Contract awarded by the Department or TBPC. Contracts All materials utilized in the performance of the specified work are subsidiary to the bid item or are paid for in conformance with the bid item in the Contract. Charge for Failing Samples Departmental Materials Specifications 4-34 TxDOT 912005 Chapter 4—8000 Series Section 5—DMS-8110, Coatingsfor Concrete The cost of sampling and testing failing material is $250 per sample. CST/M&P must receive a cashier's check made payable to the "TxDOT Fund" before additional samples will be evaluated. This includes scheduling an inspection or sampling a replacement for a failed batch of paint. Prequalification as an Approved Source Submit product samples to ascertain the capability of producing a material conforming to the requirements of this Specification to the Texas Department of Transportation, Construction Division, Materials and Pavements Section (CP51), 125 East 11th Street, Austin, Texas 78701-2483. At no cost to the supplier,the Department will evaluate one sample, per type of coatings for concrete to establish specification compliance. If the first sample fails to meet the requirements, a'Charge for Failing Samples'will apply for each sample submission needed for approval. Once a supplier has established approval, one submission of reformulation, per type, is permitted each year at no cost to the supplier. Except for transition periods not to exceed 3 mos., a supplier may not supply coatings of more than one approved formula per type of coating at the same time. Disqualification The Department reserves the right to perform any tests to ascertain if a reformulation was made without securing approval for the reformulation. A material will be disqualified if any change in formulation is determined without notification to the Department. Requalification is not allowed in less than 6 mos. A supplier who has had a product disqualified due to formulation change will pay the 'Charge for Failing Samples' with each new submission. Sampling,Testing, and Inspection The Department will sample raw materials and finished coating in accordance with the following: ♦ "Tex-801-B, Testing Coatings and Related Material,"during production of the coating or ♦ "Tex-813-B, Preparing Class B Textured Coatings for Concrete for Sampling or Use," if sampled on a job site. The Department will test raw materials and finished coatings in accordance with CST/M&P Manual of Testing Procedures. The Department reserves the right to conduct random sampling of pre-approved, certified materials for testing and to perform random audits of test reports. Department representatives may sample material from the manufacturing plant, the project site, and the warehouse. CST/M&P reserves the right to test samples to verify compliance with this Specification. Departmental Materials Specifications 4-35 TxDOT 912005 Chapter 4—8000 Series Section S—DMS-8110, Coatings for Concrete In case of variance, the Department's tests will govern. Address any questions to the Texas Department of Transportation, Construction Division, Director of Materials and Pavements Section (CP51), 125 East 11th Street, Austin, Texas 78701-2483. Materials to be Tested All products required to meet the Standard Formula and purchased by the Department or by Contractors, for use on projects under the Department's jurisdiction, must be inspected and tested. Agency The Department or a commercial laboratory designated by the Department will perform all testing of finished products and raw materials, as well as inspection during manufacture. Tests The following test methods are used in this Specification. ♦ Accelerated Weathering- "Tex-814-B, Weathering Characteristics of Clear Acrylic Sealer for Exposed Aggregate" ♦ Condition in Container-Federal Test Method 141c, Method 3011.2, "Condition in Container" ♦ Consistency (Viscosity)–ASTM"D 562, Standard Test Method for Consistency of Paints Measuring Krebs Unit(KU) Viscosity Using a Stormer-Type Viscometer" ♦ Density (Gallon Weight)–ASTM"D 1475, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products" ♦ Grind -ASTM "D, 1210, Standard Test Method for Fineness of Dispersion of Pigment- Vehicle Systems by Hegman-Type Gage" ♦ Infrared Spectrum - "Tex-888-B, Obtaining the Infrared Spectrum of Organic Materials" ♦ Percent Solids (Nonvolatile Content) -ASTM"D 2369, Standard Test Method for Volatile Content of Coatings" ♦ pH- ASTM "E 70, Standard Test Method for pH of Aqueous Solutions With the Glass Electrode" ♦ Sag - "Tex-812-13, Evaluating Sag Resistance of Coatings." Basis for Rejection Raw materials and finished products, which fail to meet any material requirement, may be subject to rejection. Final acceptance will be based on the following: ♦ the results of tests on raw material samples and finished products taken during production, or ♦ tests performed on finished products as soon as practical after their arrival at the shipping destination. Departmental Materials Specifications 4-36 TxDOT 912005 Chapter 4—8000 Series Section S—DMS-8110, Coatings for Concrete Approval of materials due to preliminary testing before manufacture will not be binding upon final approval. Because of the possibility of contamination and volatile losses,the Wet Standard prepared by the Department will constitute the standard for final comparison involving acceptance or rejection. Samples of these standards are available to the manufacturer.The judgment of the Director of CST/M&P will be final in all questions relative to conformance with the Specification provisions. Costs The Department will normally bear the costs of sampling and testing; however, the bidder or vendor will bear the costs of sampling and testing of materials that fail to conform to the requirements of this Specification. CST/M&P must receive the'Charge for Failing Samples' before scheduling a replacement batch for inspection and manufacture or sampling of a noninspected material. The manufacturer may be required to reimburse the Department for the cost of storage and handling of paints that fail to meet requirements. If a Contractor purchased coatings from a manufacturer who does not have a current, valid warehouse agreement for pretested stock with the Department, all costs of inspection and testing will be charged to the Contractor and deducted from the amounts due him on monthly and final estimates. Sequence of Inspection 1. Provide the brand names and characteristics of all raw materials that will be used to the Director of CST/M&P, and arrange for inspection of production. 2. The Department's inspector will take samples of raw materials actually used in production and samples of the finished product. 3. Provide standard friction-seal 0.47 L (pint) cans for the sampling of raw materials and the finished product.To prevent rusting, lined sample cans are required for waterborne materials and finished coatings. 4. Manufacture will be witnessed in whole or part at the discretion of the testing agency. The manufacturer must obtain prior specific approval to begin production before the arrival of the Department's inspector. The manufacturer must allow the inspector free access to those areas of the manufacturing facility where the products are manufactured or raw materials are stored, and in all other ways facilitate the inspector in performing his duties. 5. Store raw materials and finished products in an orderly fashion at all times to permit proper and correct inventory. Product Conformance Manufacture the finished products on a weight basis to the composition requirements of the Standard Formula. Note: No variation from the Standard Formula is permitted, except for the replacement of volatiles lost in processing, unless approved by the Director of CST/M&P. Departmental Materials Specifications 4-37 TxD 005-- RUN 11—11��— U�iS� N Chapter 4—8000 Series Section 5—DMS-8110, Coatings fior Concrete The finished products must meet requirements for the Standard Formulae, such as color, ' drying, flow, settling, brushability, can stability, hiding, etc. and film characteristics, such as: gloss, hardness, light permanence, and adhesion. Test materials for conformance under parallel conditions with the Wet Standard made by CST/M&P using the raw materials listed in the Standard Formula. Manufacturing Procedures The Department will leave manufacturing procedures, except when specified, to the discretion of the manufacturer. It is the responsibility of the manufacturer to assure that the proposed raw materials and manufacturing procedures will produce a product meeting these requirements. Finished Products No skins or foreign materials are allowed in the finished product. Fill containers by weight based on the actual density (gallon weight) of the product at 25°C (77°F). Note: Viscosity, drying, and density(gallon weight) determinations on coatings are made at 25°C (77°F). Measure viscosity with a Krebs Stormer Viscometer and test using ASTM "D 562, Standard Test Method for Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using a Stormer-Type Viscometer." Test the density using ASTM"D 1475, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products.". Containers and Markings Ship in suitable, strong, well-sealed containers that meet specification and federal requirements, and that are sufficiently sturdy to withstand normal shipping and handling. Plainly label the finished product containers and cases with the following: ♦ "TxDOT" ♦ name and designation (class and type) of the product ♦ requisition number(if applicable) ♦ batch number ♦ expiration date ♦ volume ♦ manufacturer's name and address and ♦ "For Industrial Use Only" or "For Professional Use Only." Departmental Materials Specifications 4-38 TxDOT 912005 Chapter 4—8000 Series Section 5—DMS-8110, Coatings for Concrete Label the sides of containers and cases. Labels must be sufficiently moisture resistant to withstand outdoor storage for a minimum of 1 yr. When the finished product is palletized, place the containers with the labels facing to the outside for easy identification. Once properly labeled, do not modify or change the label in any manner without specific approval of the Director of CST/M&P. Supply a Material Safety Data Sheet to comply with OSHA's Hazard Communication Standard 29 CFR § 1910.1200. Raw Materials Substitutions The exact brands and types of raw materials used in the Wet Standard are listed for facilitating the selection of parallel materials equal not only in quality and composition, but also in physical and chemical behavior after aging in the finished product. Since evaluation of the finished product containing questionable materials may require 60 days and since meeting the delivery schedule is the responsibility of the manufacturer, the manufacturer should schedule material procurement and production to permit delivery commitments. The Director of CST/M&P will make the final decision as to the equality of materials. After the Department has agreed to the brand names and types of raw materials proposed by the manufacturer, no substitution is allowed during the manufacture without prior agreement with the Department. Note: It is the manufacturer's responsibility to select raw materials that meet the individual raw material specifications and produce a finished product that meets the specific formula requirements. Materials of Foreign Origin Because of the limited information available on materials manufactured outside the continental limits of the United States,the manufacturer is advised to review 'Substitutions' listed under'Raw Materials' when considering the use of materials of foreign origin. Pigments ♦ Titanium Dioxide, Rutile-ASTM "D 476, Standard Classification for Dry Pigmentary Titanium Dioxide Products,"Type II ♦ Talc -ASTM "D 605, Standard Specification for Magnesium Silicate Pigment (Talc)." Resins In addition to the requirements below, the infrared spectrum of all resins must match the spectra on file with CST/M&P. Departmental Materials Specifications 4-39 T lip Q f ,�Tu C 0 1 D Chapter 4—8000 Series Section S—DMS-8110, Coatings for Concrete ♦ Acrylic Resin Emulsion -Reichhold Chemicals, Inc., Synthemul 40-412 or equivalent meeting the following requirements: • Appearance -Milky, White Liquid • Dry Film - Clear Transparent • pH- 8.5 -9.5 • Solids-f1.0%of published values. Solvents ♦ Coalescents • 2,2,4-Trimethyl-1,3-Pentanediol Monoisobutyrate • UCAR filmer IBT • Texanol. ♦ Propylene Glycol -ASTM "D 2695, Specification for Propylene Glycol" Miscellaneous Materials Materials listed below must be similar and equal to the standard sample submitted by the vendor to and approved by the Department before award of contracts for coatings in which the material is proposed for use. ♦ Hydroxy Ethyl Cellulose(biological stabilized versions are acceptable) • Cellosize QP-4400 • Natrosol 250 MHR • Methocel K15 MS • Bermocoll EBS-431. ♦ Defoamers • Balab#748 • Byk 035 • Colloids 640 • Drew Y-280 • Foamaster 111. ♦ Dispersants • Tamo1850 • Byk 156 • Colloids 226/35 • Nopcosperse 44. ♦ Surfactants • Triton CF-10 • Igepal CTA-639W. Departmental Materials Specifications 4-40 �� "19 Chapter 4—8000 Series Section 5—DMS-8110, Coatings for Concrete ♦ Mildewcides • Nopcocide N-96 • Polyphase AF-1 • Metasol TK-100 • Nuocide 960 • Nuocide 404-D • . Skane M8. ♦ Preservatives • Nuosept 95 • Troysan 192 • Troysan 174 • Tektamer 38AD • Nuosept 101 • Dowacil75. Finished Product Requirements and Formulae This Specification describes the general and specific requirements for Concrete Paint, Adhesive Grout, an acrylic resin sealer for exposed aggregate finishes, and an opaque concrete sealer (architectural stain). Unless otherwise shown on the purchase order or on the plans, the adhesive grout and concrete paint color is concrete gray to match Federal Standard 595B color number 35630. When the purchase order or the plans show other colors, match the color of the concrete coating to the color standard supplied by the Engineer. Adhesive Grout This material is an adhesive grout textured coating. Mix: ♦ 1 part white cement ♦ 1 part natural (gray) cement ♦ 2 parts masonry sand ♦ one part acrylic emulsion (refer to 'Resins, Acrylic Resin Emulsion' listed under 'Raw Materials' and ♦ enough water to form a viscous slurry that the material may be applied by spray gun, brush, or roller without appreciable running or sagging. To obtain the desired color, vary the proportions of the white and the natural cement. The Engineer will specify the gradation of the masonry sand for the desired texture. Departmental Materials Specifications 4-41 TxDOT-12.49 n5 Chapter 4—8000 Series Section 5—DMS-8110, Coatings for Concrete Prepackaged materials, meeting these requirements and acceptable to the Engineer as to color, texture, and appearance will be permitted. Concrete Paint Concrete Paint is described by a standard formula. ♦ When applied on vertical surfaces at a maximum 3.7 m per liter (150 sq. ft. per gallon), no runs, sags, or nonuniformity of appearance are allowed in the concrete paint. Concrete Paint Kilograms (Pounds) Titanium Dioxide,Rutile 68.0 (150) Talc 102.1 (225) 50%Acrylic Emulsion,Reichhold 40-412' 190.5 (420) Dispersant,Tamol 850 4.5 (10) Surfactant,Triton CF-10 1.4 (3) Hydroxy Ethyl Cellulose,250MHBR 1.8-2.7 (4- 6) Coalescent,Texanol 5.4 (12) Preservative,Dowacil 75 .9 (2) Mildewcide,Nuocide 404-D 1.4 (3) Defoamer,Foamaster 111 1.8 (4) Propylene Glycol 11.3 (25) Water,Potable' 120.2 (265) Totals 509.3—510.2 (1123- 1125) 'Emulsions with variable percent solids are permitted.Adjust amounts of water and emulsion. Specification Requirements Test Requirement Density ±0.012 kg per liter of theoretical density (Gallon Weight) (±0.10 of theoretical gallon weight) Grind 4 minimum Viscosity 85-95 KU Sag 200 mm(8 mils)minimum Color Requires tinting to match standard Opaque Sealers Opaque sealers are solvent-borne stain-type coatings capable of waterproofing as well as coloring finished concrete. These coatings consist of a blend of acrylic and silicone resins and toning pigments suspended in solution at all times by a chemical suspension agent and solvent. Use laminar silicates,titanium dioxide, inorganic oxides, and other mineral pigments for toning. Use of organic pigments, vegetable or marine oils, paraffinic materials, or stearates in the formulation are not permitted. This coating must be capable of being coated with itself or other solvent-borne coatings without special surface preparation being necessary. The Contractor must supply to the Engineer a notarized certification attesting to the compliance of the opaque sealer with the requirements of this Specification. Departmental Materials Specifications 4-42 TxDOT 912005 Chapter 4—8000 Series Section 5—DMS-8110, Coatings fior Concrete Acrylic Resin Sealers Coatings for exposed aggregate finishes are a clear, nonyellowing acrylic resin solution at a minimum of 20.0% solids by weight. The solvent system must comply with the Environmental Protection Agency rule, 40 CFR Part 59, regarding"National Volatile Organic Compound Emission Standards for Architectural Coatings." Rule for Sealers Test Method Requirements Condition in Federal Test Method Standard Must pass all requirements Container No. 141c,Method 3011.2 and Coating must readily disperse by paddle to a uniform consistency Nonvolatile ASTM D 2369 20.0%minimum solids by weight Content and Nonvolatile content must not vary by more than ±1.0 percentage point of the original approval sample Viscosity ASTM D 562 Will not vary by more than f 5 KU of the original approval sample Accelerated "Tex-814-B, Weathering No yellowing,checking,cracking,adhesion loss, Weathering Characteristics of Clear or other film defects Acrylic Sealer for Exposed and Aggregate No tackiness before or after testing Infrared Spectrum "Tex-888-B, Obtaining the Must match spectrum on file with CST/M&P Infrared Spectrum of Organic Materials" Archived Versions Archived versions of"DMS-8110, Coatings for Concrete" are available through the following links: ♦ CIick on 8110-0898 for the specification effective August 1998 through February 2003. ♦ Click on 8110-0303 for the specification effective March 2003 through July 2004. Departmental Materials Specifications 4-43 11`��0f fA gg gin. ITEM 427 SURFACE FINISHES FOR CONCRETE 427.1.Description.Finish concrete surface as specified. 427.2.Materials.Furnish materials in accordance with this Article for the type of surface finish specified. A. Coatings. 1. Adhesive Grout and Concrete Paint.Provide coatings in accordance with DMS-8110,"Coatings for Concrete."Match color of coating with Federal Standard 595B color 35630,concrete gray, unless otherwise shown on the plans. 2. Opaque Sealer.Provide penetrating-type sealer in accordance with DMS-8110,"Coatings for Concrete."Match color of coating with Federal Standard 595B color 35630,concrete gray,unless otherwise shown on the plans. 3. 742 Appearance Coating.Provide#742 gray appearance coating(Federal Standard 595B color 35630)in accordance with DMS-8100,"Structural Steel Paints-Formula." 4. Epoxy Paint.Provide Type X epoxy coating in accordance with DMS-6100,"Epoxies and Adhesives." B. Exposed Aggregate Finish.Provide approved aggregates meeting the grading requirements shown on the plans.Unless otherwise shown on the plans,provide gravel consisting of predominantly rounded particles. When a bush-hammered finish is desired,use crushed stone.Provide a concrete surface retardant.Provide clear acrylic resin sealer in accordance with DMS-8110,"Coatings for Concrete,"or clear Type II permanent anti-graffiti coating in accordance with DMS-8111,"Anti-Graffiti Coatings." 427.3.Equipment.The Engineer may require demonstration of the equipment's capabilities. A. Low-Pressure Water Blasting.Use equipment capable of supplying a minimum pressure at the nozzle end of 3,000 psi at a minimum flow rate of 3 gpm.Use a 0°rotary,vibratory,or wobble-type nozzle.Use equipment capable of including abrasives in the water stream when specified on the plans. B. Abrasive Blasting.Use equipment equipped with filters to produce oil-free air and also water-free air when dry air is required. C. Slurry Blasting.Use equipment capable of combining air and abrasives with water to form a wet blast media capable of cleaning and preparing surface without creating dust. D. Spraying.For spray applications,use equipment with fluid and air pressure regulators and gauges to allow for adjustment to produce a uniform spray pattern. E. Off-the-Form Finish Forms.Use nonstaining,nonporous,high-quality forming materials(e.g.,steel or medium-density and high-density overlaid plywood forms).Use steel or high-density overlaid plywood forms when the same form will be used more than twice. F. Form Liners.Provide form liners capable of producing a patterned finish as shown on the plans.Use form liners that provide a clean release from the concrete surface without pulling or breaking the textured concrete. 427.4.Construction.Provide the finish specified on the plans for the specific surface areas. A. Surface Areas of Finish."Surface area of fmish"designates the areas where the specified surface is to be applied. 1. Surface Area I.Surface Area I includes: • surfaces of railing; • exterior vertical faces of fascia beams,slabs,slab spans,arches,and box girders; • the outside bottom surface of fascia beams and girders; • the underside of overhanging slabs to the point of juncture of the supporting beam; • the entire underside of slab spans when shown on the plans; • vertical and underside surfaces of bents and piers; • all surfaces of tie beams,abutments,bridge wingwalls,culvert headwalls and wingwalls and retaining walls exposed to view after all backfill and embankment is placed;and • all other exposed surfaces shown in the plans to require surface treatment. 2. Surface Area II.Surface Area II includes surfaces of railing,all wingwalls,and the exterior vertical faces of slabs. 3. Surface Area III.Surface Area III includes only the top and roadway faces of all concrete railing and bridge wingwalls. 4. Surface Area IV.Surface Area IV includes areas designated on the plans. B. Surface Finishes.Apply the coating or special finish from Table 1 as specified on the plans. Table 1 Surface Finishes Coatings Special Surface Finishes Adhesive grout Blast Concrete paint Rub Opaque sealer Off-the-form 742 appearance coating Form liner Epoxy aint Exposed aggregate 1. Application of Coatings. a. Preparation.Before applying a coating,thoroughly clean the surface by chemical cleaning,if required,and by blast cleaning. (1) Chemical Cleaning.Clean surfaces contaminated with oil,grease,or other contaminants by scrubbing the area with an approved detergent or other concrete cleaning material before blast cleaning.Do not use a solvent that will stain the surface or inhibit coating adhesion.Perform the following test to check for surface contamination of oil type materials: • Spray the surface with a fine mist of potable water. • Examine the area to see if water beads up. • If beading is found,clean the surface. (2) Blast Cleaning.Before applying a specified coating,blast-clean the designated surface to remove weak surface material,curing compound,and other contaminants,leaving a lightly etched uniformly textured surface.Use an approved abrasive propelled by oil-free air with or without the addition of potable water,or blast with potable water with or without the addition of an approved abrasive at sufficient pressure to effectively clean and prepare the surface.When water-blasting,maintain the stand-off-distance of the nozzle to a maximum of 12 in.from the surface being cleaned. Do not damage concrete surface by gouging,spalling,or exposing coarse aggregate by the blasting operation. Immediately before application of any coating,blow clean oil-and moisture-free air on all surfaces with sufficient pressure to remove loose particles.Perform the following test to check for surface cleanliness as directed: • Press a 10 in.long strip of 2 in.wide clear packing tape on the surface by rubbing with moderate pressure times. • Grasp the free end of the tape,and remove the tape from the surface with a sharp jerk. • Examine the surface of the tape for clinging particles. Continue cleaning the concrete surface until there are no particles clinging to the tape surface for subsequent tests.An additional test that can be used to check the surface for dust is to wipe the surface with a dark cloth and then examine the cloth for discoloration. b. Application.Mix coating materials thoroughly with a mechanical mixer at a speed that causes the mixture to rotate entirely in the container.Ensure complete mixing by probing the container with a stirring device searching for non-dispersed or settled material. Do not apply coatings before the new concrete aging a minimum of 28 days unless approved otherwise.Do not apply coatings when weather conditions will be detrimental to the final surface finish as determined by the Engineer.Do not apply coatings when surface temperature of the concrete exceeds 1107. Apply coatings to obtain a consistent color and texture. (1) Adhesive Grout.Apply coating on a moistened surface to a uniform minimum thickness of 1/16 in.Do not apply when ambient temperature is less than 50°F. (2) Concrete Paint.Apply the coating on a dry surface in 2 coats for a total maximum application rate of 150 sq. ft.per gallon.Match the color of the applied coating with the color standard shown on the plans.Do not thin material unless approved.Apply when ambient temperature is between 507 and 1007. (3) Opaque Sealer.Apply the coating to a dry surface in 2 coats for a total maximum application rate of 200 sq.ft.per gallon.Match the color of the applied coating with the approved color standard shown on the plans.Do not thin the material unless approved. Apply when ambient temperature is between 40°F and 957. (4) 742 Appearance Coating.Apply the coating on a dry surface at a rate of at most 400 sq. ft.per gallon.Apply when ambient temperature is above 40°F. (5) Epoxy Paint.Apply the coating on a dry surface at a maximum application rate of 100 sq. ft.per gallon.Apply when ambient temperature is above 50°F. Repair surface finish where coating has been applied that exhibits peeling,flaking,or discoloration or that has been damaged during construction.Remove defective or damaged coating.Clean and recoat repair area in accordance with the requirements of this Item. 2. Special Surface Finishes.Suban t a work plan to the Engineer for any special finish shown on the plans. Include in the work plan the type of aggregates,materials,variation of panel or pattern arrangement,dimensions,construction methods,and other features affecting the work as is necessary for the"Special Surface Finish"specified. a. Blast Finish.Provide surface profile as shown in the plans,or meet the minimum requirements of Section 427A.B.La,"Preparation."Construct a 4-ft.by 4-ft.sample panel using the same concrete used in construction of the member to receive the blast finish. Prepare the surface of the sample panel to meet the specified finish,and obtain approval of the sample finish.Use the approved sample panel finish as the standard for surfaces requiring a blast finish. b. Rub Finish.Provide a finish to the surface by rubbing the surface with a carborundum stone or other approved material.Begin rubbing the surface immediately after forms have been removed.If rubbing surface is delayed to the point where the surface is dry and unable to be rubbed to produce an acceptable finish,provide blast finish or other finish as directed at no additional cost to the Department.Perform the requirements to obtain the ordinary surface finish specified in Section 420.4.M,"Ordinary Surface Finish,"concurrently with rubbing the surface.Where concrete patching is performed,rub these areas after the patch material has thoroughly set and blend the patch in with the surrounding area to produce a surface with uniform color and texture. After form removal,keep the surface continuously wet until the rubbing is complete.Rub the surface sufficiently to bring the wetted concrete surface to a paste producing a smooth dense surface without pits,form marks,or other irregularities.Do not use cement grout to form the paste on the surface. Stripe the surface with a brush to conceal the rubbing pattern and allow the paste to reset.Wash the concrete with potable water after the paste has sufficiently set to leave it with a neat and uniform appearance and texture.If required,apply membrane curing in accordance with Item 420,"Concrete Structures,"after rubbing is complete. c. Off-the-Form Finish.Provide a finish with minimal surface defects and uniform color and texture by using non-staining,non-porous,high-quality forming materials.Use the same type of forming materials for like elements for the entire structure. Use mortar-tight forms to prevent leakage and discoloration.If necessary,seal joints with compressible gasket material,caulk,tape or by other suitable means that are not detrimental to the concrete finish.Use one brand and type of form release agents for all surfaces unless another product produces a similar concrete surface appearance.Do not use barrier-type(wax, fuel oil,carrier oil,etc.)release agents.Use form release agents containing a rust inhibitor on steel forms.Clean rust off steel forms before use.Do not use plywood that will cause discoloration of the concrete surface. Direct special attention to consolidation and vibration of the concrete around the form surfaces to minimize bug holes.Modify concrete placement and vibration techniques if surface contains an excessive amount of bug holes.Remove all forms without interruption once form removal begins to prevent discoloration due to differing form curing times. Do not use membrane curing on surfaces with off-the-form finish. Repair honeycombed and spall areas with least dimension larger than 2 in. in accordance with the concrete surface repair procedures outlined in Item 420,"Concrete Structures,"to obtain an ordinary surface fmish as defined in Section 420.4.M,"Ordinary Surface Finish."For honeycombed and spall areas with least dimension greater than 3/4 in.but smaller than 2 in., patch by filling defect with repair material omitting the chipping operation.Do not patch honeycombed and spall areas with least dimension smaller than 3/4 in.Perform required repairs as soon as forms are removed.Match repair material color and texture with surrounding concrete surfaces.Minimize the area of repair by not smearing the repair material over acceptable concrete surfaces in an attempt to blend the repair with the surrounding concrete.Cut out form ties at least 1/2 in.below the surface,and patch accordingly.Perform repair work as soon as possible after removing forms so that concrete and repair material have similar ages.Replace or refurbish the forms when the Engineer determines that defective formwork is causing an excessive amount of repair work. d. Form Liner Finish.Provide patterned finish as shown on the plans.Do not splice form liner panels in a way that causes a noticeable transition or line between pieces.Wash and clean form liners after each use when the forms can be re-used.Replace form liners that have become damaged or worn. Construct a sample panel for each form liner finish.Approval is required to verify that the sample panel meets the requirements of the plans and specifications before beginning work. Upon approval,the sample panel becomes the model panel that all other work will be compared against.Deviation in color,grade,or depth from the model panel is grounds for rejection of the form liner finish.Removal of defective work may be necessary as determined by the Engineer and in accordance with the surface finish requirements outlined in Item 420, "Concrete Structures,"to obtain an ordinary surface finish as defined in Section 420.4.M, "Ordinary Surface Finish." Seal all form liner joints in a manner acceptable to the Engineer to prevent leakage at the surface. e. Exposed Aggregate Finish.Provide exposed aggregate finish as indicated on the plans. Provide a depth of finish between 3/8 in. and 1/2 in.unless directed otherwise. Apply a concrete surface retarder that penetrates approximately 1/4 in.into the forms or concrete surface to help achieve the desired finish.Apply 2 or 3 coats to wood forms to account for absorption if necessary.Tape or caulk form joints to prevent escape of the retarder during the placing operations.Protect the form surfaces from sun and rain while exposed to the atmosphere.Re-treat form surfaces with retarder if disturbed. Protect adjacent areas of concrete not requiring exposed aggregate finish from the retarder. Remove forms 12 to 15 hr.after concrete placement but not before concrete has gained sufficient strength to support the self-weight of the member unless directed otherwise.Expose the aggregate for the finish immediately after form removal.Remove the grout paste covering the aggregate to be exposed by an approved method.Do not loosen the aggregate by the grout removal operation.Maintain required curing on all surfaces except for the time while the aggregate is being exposed.Cure using wet mats or membrane after the aggregate is exposed. Repair defective areas as determined by the Engineer. Re-clean exposed aggregate surfaces by an approved method.Apply a coat of acrylic resin sealer or clear Type II permanent anti-graffiti coating to cleaned exposed aggregate surface. Apply a single coat or multiple coats for a total maximum application rate of 250 sq.ft.per gallon. 427.5.Measurement.When surface finishes for concrete is shown on the plans to be a pay item, measurement will be by the square foot of the type of surface finish specified. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2,"Plans Quantity Measurement."Additional measurement or calculations will be made if adjustments of quantities are required. 427.6.Payment.Unless otherwise specified on the plans,the work performed,materials furnished, equipment,labor,tools,and incidentals will not be paid for directly,but will be considered subsidiary to pertinent Items. When a surface finish for concrete is specified as a pay item,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"Adhesive Grout Finish,""Concrete Paint Finish,""Opaque Sealer Finish,""742 Appearance Coating Finish,""Epoxy Paint Finish,""Blast Finish,"or"Rub Finish."This price is full compensation for materials;cleaning and preparing surfaces;application of materials;and equipment,labor,tools,and incidentals. Off-the-form,form liner,or exposed aggregate finishes(including anti-graffiti coating)will not be paid for under this Item but are subsidiary to other pertinent Items. EXHIBIT A-1 The following items comprise Exhibit"A-1": Facsimiled Estimate from AUSTIN BRIDGE AND ROAD, L.P., dated March 23, 2006 to Kimball Hill Homes Dallas, L.P., for painting the Elizabeth Creek Bridge. 2558.0/435530.1 fMARBER j tj�y, f�1 i �a i IL Austin Austin Bridge & Road January 12, 2006 An Austin Industries Company 10D%Employee Owned Austin Bridge&Road,L.P. Mr. Mike Boswell. 6330 commerce Drive,suite Iso Irving,Texas 75063 Kimball Hills Homes 214/596-7300 3010 LB.J Freeway, Suite 1100 Dallas, Texas 75234 RE: Cleveland-Gibbs Rd.. Elizabeth Ck.Bridge City of Ft.. Worth D.O.E,#4487 Dear-Mr.Boswell, We are pleased to quote you a lump sum price of$10,018..00 to painting the recently completed Elizabeth Creek Bridge. Ihs price includes.traffic control and painting the exposed substructure outside beams overhang and all four,I exas Classic Combination C- 411 Rails,with a Sherwin-Williams sugar maple color Iexcote concrete paint.. The bridge painting will be completed in ten(10)working days. The following terms and conditions apply to our offer-listed below 1.. Payment terms are `Net 30 days fiom invoice date. j 2. Price includes all labor equipment and materials. 3.. Price is valid through March 1,2006. 4. Austin Bridge &Road is not responsible bad weather or Acts of God. Please sign and return copy,showing acceptance of'term herein expressed.. Firm Sign/Title Date If you have any questions,please feel fi-ee to contacfine at my office 214-596-7.300 or my mobile 817-692-5393. Since rely, Wayne Crabtree Project Manager EXHIBIT B INSURANCE REQUIREMENTS B.1 GENERAL INSURANCE REQUIREMENTS B.1.1 Additional Insured. Owner shall be added as an Additional Insured on General, Auto,and all other liability policies carried and maintained by Contractor excepting Workers' Compensation. B.1.2 Primary Liability. All liability policies carried and maintained by Contractor must be endorsed to be primary to any liability insurance policies carried by Owner with respect to Contractor's operations hereunder. B.1.3 Waivers of Subrogation. Waivers of Subrogation shall be provided in favor of Owner on General, Auto Liability, Workers' Compensation, and all other liability policies carried and maintained by Contractor. B.1.4 None of the requirements contained herein as to types, limits or Owner's approval of insurance coverage to be maintained by Contractor are intended to and shall not in any manner limit, qualify or quantify the liabilities and obligations assumed by Contractor under this Contract or otherwise provided by law. B.1.5 Occurrence Basis. All such policies shall be written on an Occurrence(not Claims Made) basis. B.1.6 Rating and Form. Contractor's insurance coverage must be written with insurance companies licensed to do business in the State of Texas,rated no less than A:VII as shown in the most current issue of A.M. Best's Key Rating Guide, and under forms of policies satisfactory to Owner. B.1.7 In the event of any failure by Contractor to comply with these provisions, Owner may,without in any way compromising or waiving any right or remedy at law or in equity, on notice to Contractor, purchase such insurance, at Contractor's expense, provided that Owner shall have no obligation to do so and if Owner shall do so, Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. B.1.8 Deductible: Contractor shall be responsible for all deductibles specified in any policy of insurance provided hereunder. B.2 EVIDENCE OF INSURANCE Evidence of the insurance coverage required shall be maintained by the Contractor, represented by Certificates of Insurance issued by the insurance carrier or its legal agent,and must be furnished to the Owner prior to Contractor commencing the Work and not later than 2558.0/435530.IrMARBER 8 fifteen (15) days after receipt of this Contract. New Certificates of Insurance shall be provided to Owner prior to the current certificate(s) coverage termination date if prior to completion of the Work. Lapsed coverage of insurance required by this Contract is an Act of Default under the Contract. Certificates of Insurance shall specify the following: B.2.1 Owner as a Certificate Holder with correct mailing address; B.2.2 Insured's name, which must match that on the Contract; B.2.3 Companies affording each coverage,policy dates of each coverage,all coverage and limits described herein, and signature of authorized representative of insurance company; B.2.4 Producer of the Certificate with correct address, phone, and fax listed; B.2.5 Certificate Holder has been named as an Additional Insured with respect to the Commercial General,Auto Liability,and all other liability policies described herein; B.2.6 The Commercial General and Auto Liability policies described are primary respect to the Additional Insured; B.2.7 Waivers of Subrogation in favor of Certificate Holder on Commercial General,Auto Liability, and Workers' Compensation policies; B.2.8 The Commercial General and Auto Liability policies described provide the severability of interest(gross liability)provision applicable to the named Insured and the Certificate Holder; B.2.9 All Workers' Compensation classifications will be listed on Contractor's policy;and B.2.10 The Owner will be notified in writing thirty(3 0) days prior to the cancellation of or reduction in coverage,or intent not to renew coverage,and elimination of"endeavor to" and"but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" from the cancellation provision. B.2.11 In the event Contractor utilizes leased employees, Contractor's certificate of insurance shall note the leasing company as providing workers compensation insurance. In addition, leasing company shall provide a certificate of insurance showing Contractor as alternate employer under alternate employer endorsement and listing coverage and limits for workers compensation insurance complying with the requirements stated herein. 2558.01435530.1/PRBARBER 9 REQUIRED INSURANCE CONTRACTOR'S LIABILITY INSURANCE (Minimum Limits) TYPE OF INSURANCE LEMITS WORKERS' COMPENSATION/EMPLOYER'S LIABILITY A. Workers' Compensation $100,000 B. Employer's Liability Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Disease - Each Employee $1,000,000 COMMERCIAL GENERAL LIABILITY Including: Aggregate Limits Per Project Broad Form Property Damage Contractor's Protective Contractual Liability Explosion, Collapse, and Underground Hazard Fire Damage Medical Expense Personal & Advertising Injury Products/Completed Operations Aggregate' Required Minimum Limits are: General Aggregate $1,000,000 Products/Completed Operations Aggregate $1,000,000 Each Occurrence $ 500,000 Fire Damage $ 50,000 Medical Expense $ 5,000 AUTOMOBILE LIABILITY Including: Combined Single Limit $1,000,000 Owned Hired Non-Owned UMBRELLA LIABILITY Combined Single Limit $1,000,000 1 Products and Completed Operations coverage for a minimum of 2 years after final payment. 2558.0/435530.1r RBARBER 10 EXHIBIT C ENVIRONMENTAL PROTECTION C.1 Environmental Compliance: Contractor shall comply with all applicable laws,regulations, orders and guidance administered by the U.S. Environmental Protection Agency, the Texas Commission on Environmental Quality, and any local agency(s) with jurisdiction. The matters covered by this paragraph include,without limitation,discharges of waste to air,water or land,solid waste disposal and management of"hazardous substances." C.2 Compliance with NPDES: All work shall be performed in accordance with the terms and conditions of the general National Pollutant Discharge Elimination Systems(NPDES)permit and the Storm Water Pollution Prevention Plan specific to this project. The Owner will be considered the Operator for the project. By signature of the Contract, the Contractor certifies: "All work conform to the terms and conditions of the National Pollution Discharge Elimination Systems(NPDES)General Permit as published in the Federal Register,Vol.63, No. 128, July 6, 1998, or latest revisions, by the Environmental Protection Agency(EPA). The Contractor shall be required to maintain all erosion control devices during the Work. The Contractor shall also immediately repair at their expense any erosion control devises damaged in the course of the Work. C.3 Jurisdictional Waters of the U.S.: Contractor shall respect all designated "Waters of the U.S."or"Wetlands"at or near the project during his course of construction. No vehicles,machinery, materials storage, fill, or excavation shall occur in these areas unless specified on the plans. If Contractor is unsure of "Jurisdictional Area," he shall notify the Owner's representative for clarification. CA Trees: The Contractor shall not damage or remove any trees designated to be protected by the Owner. The Owner reserves the right to withhold$150.00 per caliper inch measured at breast height if a tree is damaged or removed without authorization. The Contractor shall not store equipment, vehicles, or materials beneath trees on the premises. C.5 Contaminants: There shall be no release of oil, fuel, hydraulic fluid, other hydrocarbons, hazardous materials, or any other contaminants upon,within,or adjacent to the property or any part of the project. Any such releases or spills, whether intentional or accidental, shall be properly captured, removed, and/or cleaned up by the Contractor, at the Contractor's sole cost and expense. In the case that the Contractor does not properly remediate any such releases or spills, then the Owner may provide for such remediation as may be necessary to the sole satisfaction of the Owner; and the Owner may reduce or withhold the cost of such remediation from payment of any monies which might otherwise be due to the Contractor. 2558.0/435530.I/TRBARBER 11 EXHIBIT D SAFETY PRECAUTIONS D.1 Safety Precautions: The Contractor shall comply with all applicable laws including the Occupational Safety and Health Act of 1970,ordinances,rules,regulations and orders of any public authority having jurisdiction for the safety of persons or property to protect them from damage, injury, or loss. He shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying Owners and users of adjacent utilities. D.2 Barricades,Warning Signs,&Flares: Where the work on this project creates a safety hazard to the general public,the Contractor shall furnish and erect sufficient barricades and warning signs to warn the public of the danger and also provide sufficient flares or emergency lighting to warn the public at night at his expense (no pay item). 2558.0/435530.1 nRBA"ER 12 ACORDTM CERTIFICATE OF LIABILITY INSURANCE INSURED COPYF DATE(MM/DDffY)6 PRODUCER Serial# B4986 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BRITISH AMERICAN INSURANCE COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3535 TRAVIS STREET-SUITE 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'DALLAS,TEXAS 75204-1466 (214)559-4887 (800)964-4242 INSURERS AFFORDING COVERAGE INSURED AUSTIN BRIDGE&ROAD,LP INSURER A: BRITISH AMERICAN INSURANCE COMPANY 6330 COMMERCE DRIVE.SUITE 150 INSURER B: IRVING,TEXAS 75063 INSURER C: (214)596-7300(OFFICE) INSURER D: 214 596-7399 FAX INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TR TYPE OF INSURANCE 7 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A i_X COMMERCIAL GENERAL LIABILITY CGL-0104206 10/01/05 10/01/06 FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE u OCCUR MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 kGENT GENERAL AGGREGATE $ 4,000,000 AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMPIOP AGG $ 4,000,000 POLICY X JEPRCTO- 1X LOC AUTOMOBILE LIABILITY CAL-0104206 10/01/05 10/01/06 COMBINED SINGLE LIMIT $ 2,000,000 A ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ —7 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS re: AB&R Job 606002 Kimball Hill Chadwick Farms, LP -Chadwick Farms, Phase 1, Section II in Fort Worth,Texas Kimball Hill Chadwick Farms, LP is an additional insured(s) on the AL policy as respects the referenced contract. Kimball Hill Chadwick Farms, LP is an additional insured(s) on the GL policy to the extent of the coverage required and only in the minimum amount required by contract, and only with respect to liability arising out of work done or by or on behalf of the named insured under such contract. Kimball Hill Chadwick Farms, LP is granted a waiver of subrogation as required by contract. CERTIFICATE HOLDER I ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION KIMBALL HILL CHADWICK FARMS,LP DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3010 LBJ FREEWAY,SUITE1100 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL DALLAS,TEXAS 75234 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUT ORIZED REPRESENTATIVE ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 ACORDTM CERTIFICATE OF LIABILITY INSURANCE INCOPYD F °03/08/200' PRODUCER Serial# B4993 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WILLIS OF TEXAS, INC. (972)385-9800/(800)443-0115 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR �ONrc GALLERIA TOWER ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 13355 "JOEL ROAD-SUITE 400 DALLAS,TX 75240-6612 INSURERS AFFORDING COVERAGE INSURED AUSTIN BRIDGE & ROAD, LP INSURER A: ACE AMERICAN INSURANCE COMPANY 6330 COMMERCE DRIVE. SUITE 150 INSURER B: IRVING, TEXAS 75063 INSURER C: (214)596-7300 (OFFICE) INSURER D: 1(214)596-7399 (FAX) INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TRTYPE OF INSURANCE POLICY NUMBER POLTMMICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE [::]OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY F7 PRO- JE T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND C44188302 10/01/05 10/01/06 X "'�ORY LIMS LIMITT-S ER ER T A EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Kimball Hill Chadwick Farms, L.P. -Chadwick Farms, Phase I, Section II in Fort Worth, Texas Kimball Hill Chadwick Farms, L.P. is granted a waiver of subrogation as required by contract subject to the terms, conditions and exclusions of the policies. CERTIFICATE HOLDER I ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION KIMBALL HILL CHADWICK FARMS, LP DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3010 LBJ FREEWAY, SUITE 1100 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL DALLAS, TEXAS 75234 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. A�{THOIZED REP�SENTATIVE ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 Farm W-9 Taxpayer Identification Number Reque Please circle the correct company: Austin BridgeRRoad LP • a Austin Asphalt Company To: Account Number: Please complete the following information. We are required by law to obtain this information from you when making a reportable payment to you, If you do not provide us with this information,your payments may be subject to 31%federal income tax backup withholding. Also,If you do not provide us with this information,you may be subject to a$50 penalty imposed by the Internal Revenue Service under section 6723. Instructions: Complete Part 1 by filling in the row of boxes that corresponds to your tax status. Complete Part 2 if you are exam from Form 1099 reporting. Complete Part 3 to sign and date the form,and return it to us in the enclosed envelope. Part 1 Tax Status: (Complete one row of boxes) Mote:All Federal ID Vs are nine digit numbers Irndividuafs Name hMlviduars Social Sectutty Number Individual: A sole proprietorship may have a"doing business as"trade name,but the legal name is the name of the business owner. Business Owner's Name(Reouiredl Business Owner's Sodal Security Number Business or Trade Name(Optional) Sole Proprietor: Business Owners Employer ID Number A partnership may have a"doing business as"trade name and/or a name based on the names of the partners. Name of Partnership y Perinership's Employer Identification Number Partnership's Name an IRS Records(sae IRS mahrV label) Partnership: KfiCV1}'a 1114 14 a l t 4=i m bcz I t E-i i 11 Chad w fG�.Arms 2a .o Z 1 o_r b 7. Ch CIA w i C1 -�a..Ms, L, P. --- - (�. P. A corporation sometimes uses an abbreviated name or its initials,but its I al name is the name on the articles of incorporation. Corporation, Least Name of corporation or Entity Employer Identification Number exempt charity, or other entity: Part 2 Exemption: if exam from Form 1099 reporting,check here: and circle your qualifying exemption reason below. 1. Corporation(other than a corporate health care provider). 2. Tax Exempt Charity under 501(a),or IRA. 3. The United States or any of its agencies or instrumentalities. 4. A state,the District of Columbia,a possession of the United States,or any of their political subdivisions. 5. A foreign government or any of its political subdivisions. Part 3 Certification: i certify under penalty of perjury that the Federal Tax Identification Number I have provided is correct Person completingI _ _ _ I J f For our records only,if you are a minority this form: �C Su- (" �t/�C1� owned business,please circle any of the classifications that apply: Signature: 3 23 Za0(r African-American American Indian Asian Date: Hispanic Other Minority: G Please C circ em e Phone: ( Y�' Z ) O r, ,12 � 522 ��� ar� ,t�vU11D Thank you for your cooperation. V T/ 46, J P. itnl 1